GENERAL CONDITIONS
Purpose and Scope
1.1. Purpose These General Rental Conditions (hereinafter, “General Conditions”) aim to regulate the contractual relationship between Yes Mobility (hereinafter, “the company”) and the individual or legal entity renting a vehicle (hereinafter, “the client” or “lessee”).
1.2. Scope of Application
- These General Conditions shall apply to all vehicle rental contracts offered by Yes Mobility on the island of Ibiza, regardless of the booking channel (website, phone contact, WhatsApp, email, in-person, etc.).
- The formalization of any reservation or rental contract implies full and unreserved acceptance of these General Conditions, as well as Spanish legal regulations regarding traffic and vehicle leasing.
- Specific clauses or conditions established in writing, if any, shall prevail over the provisions of these General Conditions in those specific aspects where they differ.
1.3. Validity and Modifications
- Yes Mobility reserves the right to update or modify these General Conditions at any time. The applicable version will be the one published on the company’s official website or the one in effect at the time of formalizing the reservation.
- If any clause is deemed null or unenforceable, this shall not affect the validity of the remaining provisions, which shall remain in force and fully applicable.
1.4. Age Requirement
- To validly enter into the rental contract, the lessee must be over 18 years of age.
- This does not exclude the requirement of higher minimum ages for certain vehicle groups or categories, as detailed in the corresponding sections.
2. Company Identification / General Information
2.1. Trade Name
- Yes Mobility (hereinafter, “the company” or “Yes Mobility”) is the owner and provider of the vehicle rental services (motorcycles and cars) regulated by these General Conditions.
2.2. Address and Operational Scope
- Yes Mobility has its main operational base on the island of Ibiza, with its registered office at the following address: Carrer Ramon Muntaner 45, 07800, Ibiza (Balearic Islands).
- The rental service is primarily provided on the island of Ibiza. Any travel outside the island will require express authorization as detailed in subsequent sections of these General Conditions.
2.3. Contact Channels
- Phone/WhatsApp: 602 429 409
- Email: info@yesmobility.es
- Office Hours: from 09:00 to 19:00 (local time).
- Official Website: yesmobility.es
2.4. Legal Information
- The tax details, commercial registry, and other relevant legal information of Yes Mobility are detailed in the corresponding Legal Notice, which forms part of the company’s legal documentation.
2.5. Brand Recognition
- The trade name “Yes Mobility,” as well as the logos, designs, and other distinctive elements used in the company’s documentation and platforms, are the exclusive property of Yes Mobility or are duly licensed. Their use without express authorization is prohibited.
3. Definitions
For the purposes of these General Conditions, the following terms shall be understood as:
3.1. Lessor / The Company Yes Mobility, the entity that provides vehicle rental services to clients in Ibiza, under the terms established in this document.
3.2. Lessee / The Client The individual or legal entity that enters into the rental contract with the company, responsible for payment, use, and custody of the vehicle during the agreed period. Also referred to as “client.”
3.3. Authorized Driver Any person who, having met the age and documentation requirements established by the company, is expressly listed in the rental contract. Only those listed as authorized drivers in the contract may drive the vehicle.
3.4. Vehicle Any means of transport (motorcycle, scooter, car, van, etc.) that Yes Mobility leases to the client, including its accessories and identifying elements (keys, documentation, tools, etc.).
3.5. Vehicle Categories The internal classification established by Yes Mobility to group vehicles based on their equipment, engine capacity, power, or range. This category determines age and experience requirements, insurance conditions, excess, and applicable rates.
3.6. Excess The maximum amount that the lessee must bear financially in case of vehicle damage or theft. It may vary depending on the vehicle category and the type of insurance contracted. This excess can be reduced or eliminated entirely by opting for higher insurance plans (e.g., Comfort or Premium).
3.7. Deposit / Bond The sum of money that the lessee provides or has blocked on their credit card as a guarantee to cover potential damages, fines, additional expenses, or contractual breaches. This amount will be refunded or released at the end of the rental, after verifying that the vehicle has been returned in the agreed condition and with no outstanding amounts.
3.8. Insurance / Coverage The protection plans offered by Yes Mobility to the lessee (Basic, Comfort, Premium, or others as defined). Each plan outlines the coverage conditions in case of accidents, theft, or vehicle damage, as well as the corresponding exclusions.
3.9. Extras / Accessories Optional items that can be contracted along with the rental (e.g., extra helmet, baby seat, phone holder, GPS, etc.). These extras may incur an additional cost and will be subject to the specific conditions indicated in the contract or at the time of booking.
3.10. Rental Contract The physical or digital document that formalizes the relationship between Yes Mobility and the lessee, detailing information such as start and end dates, assigned vehicle, costs, insurance type, payment method, authorized driver(s), and any specific clauses or conditions.
3.11. No Show The failure to collect the vehicle on the reserved date and time, without prior communication of modification or cancellation. This may result in the total or partial loss of the amounts paid, as stipulated in these General Conditions.
3.12. Reservation The act by which the client requests and confirms (generally with a partial or full payment) the rental of a vehicle for specific dates, accepting these General Conditions. The reservation can be made via the website, phone, WhatsApp, or any other channel enabled by the company.
3.13. Cancellation The act of canceling a confirmed reservation. It may be subject to costs or penalties if done outside the deadline or if the company’s cancellation policies are not met.
3.14. Reservation Modification Any change to the initially agreed details (dates, times, vehicle, extras, delivery/return location, etc.), provided it is communicated before the rental period begins and accepted by the company. It may incur management fees or rate variations.
3.15. Delivery (Check-out) and Return (Check-in)
- Delivery: The time and place where the company physically hands over the vehicle to the lessee, the contract is signed or conditions are confirmed at the office, and the rental period begins.
- Return: The time and place where the lessee returns the vehicle to the company, its condition is inspected, and the rental period ends. In both processes, a review of the vehicle’s condition and fuel level may be formalized.
3.16. Rate The base rental price for a vehicle of a specific category and number of days. It may be increased or supplemented by extras, optional insurance, taxes, or surcharges for age, etc. The final amount is detailed in the rental contract.
3.17. Exclusions Situations, damages, or circumstances not covered by the insurance offered by Yes Mobility (e.g., driving off paved roads, driving under the influence of alcohol or drugs, damage to keys, vehicle interior, etc.). These are detailed in the Insurance and Coverage section.
3.18. Electric or Hybrid Vehicles Vehicles fully or partially powered by electricity. Yes Mobility may establish specific conditions (e.g., minimum battery level at delivery/return, penalties for total discharge, charging points, etc.) as detailed later in these General Conditions.
4. Lessee Requirements
4.1. General Minimum Age
- To enter into the rental contract, the lessee must be over 18 years old.
- Notwithstanding the above, there are specific age requirements for each vehicle category (see section 4.2). Failure to meet these requirements will prevent renting that category.
4.2. Age and Experience Requirements by Category Yes Mobility establishes vehicle categories with different age and driving license experience requirements. As an indication:
- Category 1
- Minimum age: 21 years.
- Years of driving experience: 2.
- Drivers under 23 years may incur a rate surcharge.
- Category 2
- Minimum age: 23 years.
- Years of experience: 3.
- Category 3
- Minimum age: 23 years.
- Years of experience: 5.
- Category 4 (High-end)
- Minimum age: 30 years.
- Years of experience: 7.
Yes Mobility may modify age and experience requirements based on the available fleet or applicable regulations, informing the client before formalizing the reservation.
4.3. Valid Driving License
- The lessee and/or any authorized driver must present a valid driving license recognized in Spain.
- Licenses issued by European Union (EU) or European Economic Area (EEA) countries are accepted.
- For non-EU licenses, an International Driving Permit is mandatory, unless there is a specific bilateral agreement with Spain and the license is in Spanish or accompanied by an official translation.
4.4. Mandatory Documentation
- Valid official identification document (ID or Passport).
- Driving license (original, not a photocopy).
- Credit card (when a deposit is required) in the name of the main driver. Yes Mobility reserves the right to request additional documentation if deemed necessary to verify identity or the validity of the provided information.
4.5. Additional Driver(s)
- Only those listed as additional drivers in the contract may drive the vehicle.
- They must meet the same age and driving license requirements as the main driver.
- An extra charge may apply for additional drivers, according to current rates.
4.6. Physical and Mental Capacity
- The lessee and any additional driver undertake to be in full physical and mental capacity to drive during the rental period (not having consumed alcohol, drugs, or substances that impair their abilities).
- Any indication that the driver is not fit to operate the vehicle entitles Yes Mobility to refuse delivery of the vehicle without any compensation or indemnity.
4.7. Non-Compliance with Requirements
- If, during the contract formalization or rental period, Yes Mobility detects that the lessee or any authorized driver fails to meet the established requirements, it may terminate the contract immediately and demand the return of the vehicle, without prejudice to any damages and losses that may apply.
5. Reservation Process
5.1. Reservation Channels
- The client may make a vehicle reservation through:
- Official Website of Yes Mobility, using the provided form or platform.
- Phone/WhatsApp, by calling or messaging the company’s official number.
- Partners or authorized agents (e.g., travel agencies, partner hotels, etc.).
- In-Person, by visiting Yes Mobility’s offices in Ibiza.
5.2. Minimum Advance Notice
- As a general rule, a minimum advance notice of 24 hours is required to process the reservation with guaranteed availability.
- Reservations with shorter notice may be accepted, provided Yes Mobility has available vehicles and confirms expressly.
5.3. Required Information
- To process the reservation, the client must provide:
- Personal details (full name, ID/Passport).
- Driving license (number, issuance, and expiration date).
- Approximate pick-up and return date and time.
- Desired vehicle category and/or specific model (subject to availability).
- Payment method (credit card, debit card, or as stipulated).
- Any required extras (additional drivers, accessories, etc.).
5.4. Reservation Confirmation
- A reservation is considered confirmed when the client receives notification from Yes Mobility (via email, WhatsApp, or other means) and/or has made the required partial or full payment as a deposit or prepayment.
- If no confirmation is received, the reservation is deemed not guaranteed.
5.5. Deposit or Prepayment
- For certain reservations (especially during high season), Yes Mobility may require a full or partial prepayment (e.g., 20%-30% of the amount) to guarantee vehicle availability.
- The remaining amount will be paid at the time of vehicle pick-up or as indicated in the reservation process.
- For online reservations with online payment, the system may require full prepayment or another percentage, according to the current policy.
5.6. Cancellation Policy
- The client must notify cancellation in writing (email, WhatsApp) with sufficient advance notice.
- The following conditions apply, unless a different policy is specified in the reservation confirmation:
- Cancellations more than 48 hours in advance of the rental start date/time:
- The paid amount will be refunded, minus the management fee.
- The cancellation management fee is €12 for cars and €6 for motorcycles.
- Cancellations within 48 hours of the rental start date/time:
- No refund; the entire deposit or prepayment will be forfeited.
- No Show (failure to pick up without notice or last-minute cancellation):
- Results in the loss of 100% of the paid amount.
- Cancellations more than 48 hours in advance of the rental start date/time:
- Yes Mobility may establish additional cancellation policies for promotions or special seasons, which will be communicated to the client before formalizing the reservation.
5.7. Reservation Modifications
- Any changes to dates, times, pick-up/return location, vehicle category, or contracted extras must be requested in writing as far in advance as possible.
- Modifications are subject to availability and, if accepted, may incur a rate adjustment and a management fee:
- €12 for cars
- €6 for motorcycles
- If the modification cannot be accommodated, the client may keep the original reservation or cancel it, in which case the cancellation policy described will apply.
5.8. Vehicle Assignment
- The company commits to providing the reserved category but does not guarantee a specific model unless explicitly stated as “guaranteed model.”
- In cases of force majeure or unavailability, Yes Mobility may offer a higher category vehicle at no additional cost to the client.
5.9. Online vs. In-Person Reservations
- Offers or discounts published on the website have limited validity and apply only to reservations made through that channel.
- In-person reservations will be subject to the rates available at the office.
5.10. Force Majeure
- Yes Mobility will not be liable for inability to provide the service due to force majeure (extreme weather conditions, official regulations, etc.). The client will be entitled to a refund of the paid amount, without any additional compensation.
6. Contract Duration
6.1. Rental Start (Delivery / Check-out)
- The rental contract takes effect when the lessee signs the rental document (in physical or digital format) and receives the vehicle, including its keys and documentation.
- The rental start date and time will be as specified in the contract and/or reservation confirmation.
6.2. Rental End (Return / Check-in)
- The rental period ends on the date and time agreed in the contract or reservation confirmation, when the lessee physically returns the vehicle to the company.
- The return must take place at the agreed location (e.g., Yes Mobility’s office or the agreed point with the company).
- The contract is deemed terminated once Yes Mobility’s staff receives the vehicle keys and verifies its condition.
6.3. Contract Extension
- If the lessee wishes to extend the rental period beyond the initially stipulated date and time, they must request it in writing (WhatsApp, email) or visit Yes Mobility’s office, with at least 24 hours’ notice.
- The extension is subject to fleet availability and express approval by the company.
- Failure to formalize the extension in time and form entitles the company to recover the vehicle, with the lessee having no right to retention.
6.4. Early Return
- The client may return the vehicle before the agreed date/time, but this will not result in a reduction or refund of the initially contracted rate, unless there is a written agreement to the contrary.
- The company is not obligated to refund unused days or hours.
6.5. Delayed Return
- If the lessee returns the vehicle later than the agreed time, a courtesy period defined by the company (generally 1 hour) or as specified in the reservation confirmation will apply.
- Beyond this period, an additional rental day (or other specific penalty, per current rates) will be charged.
- Furthermore, failure to return the vehicle on the stipulated date and time, without prior communication and approval from Yes Mobility, may be considered misuse or even misappropriation of the vehicle, with the corresponding legal consequences.
6.6. Return Location
The lessee must return the vehicle at the agreed location (usually Yes Mobility’s main office or the initial pick-up point) on the established date and time.
- If the contract specifies another pick-up/return point (e.g., hotel or airport), the lessee undertakes to comply punctually.
- Any change in the pick-up or return location will be considered a reservation modification, and the conditions of section 5.7 will apply.
6.7. Early Termination by the Company
- Yes Mobility may immediately terminate the rental contract and demand the return of the vehicle if:
- The lessee fails to meet age, driving license, or payment requirements.
- It is detected that the lessee or authorized driver is driving under the influence of alcohol/drugs or recklessly.
- There are indications that the vehicle is being used for illegal purposes or contrary to these General Conditions.
- Any other serious breach of contractual obligations occurs.
- In such cases, the client will not be entitled to a refund for unused days and must cover any damages caused.
6.8. Contract Termination
- Upon completion of the rental period and receipt of the keys and documentation, Yes Mobility’s obligations to the lessee cease, except for those that by their nature must persist (e.g., deposit refund, claims for damages observed after return, fine management, etc.).
7. Payment and Payment Methods
7.1. Accepted Payment Methods
- Credit Card (VISA, MasterCard).
- Debit Card (for paying the rental amount, but typically not valid for deposit/guarantee if a hold is required).
- Cash: Only in authorized cases and with a limit on the amount, in accordance with anti-money laundering regulations and the company’s internal policies.
- Other Channels: Yes Mobility may enable online payment gateways, bank transfers, or other methods under certain circumstances, informing the client in advance.
7.2. Payment Timing
- The total rental amount (or the remaining balance after a deposit or prepayment) must be paid at the time of vehicle delivery, unless otherwise agreed (e.g., 100% online prepayment).
- The lessee may be required to provide a hold or retention on their credit card (or a cash deposit) as a guarantee, in accordance with the deposit/bond policy.
7.3. Currency and Exchange Rate
- Payments will normally be made in euros (EUR).
- If the client wishes to pay in a different currency and the company accepts, the exchange rate in effect at the time of the transaction will apply, and bank or gateway fees may be passed on.
7.4. Invoicing
- Upon the client’s request, Yes Mobility will issue the corresponding invoice detailing the rental concept, extras, insurance, and any applied surcharges or discounts.
- For this purpose, the client must provide invoicing details (name or company name, tax ID, billing address).
- Failure to request an invoice at the appropriate time may complicate its issuance later.
7.5. Surcharges and Additional Fees
- A surcharge or additional fee may apply in the following cases (among others):
- Drivers below the minimum age (21, 23, 30, depending on the category), if permitted by the company with an additional cost.
- Delivery/Return at special locations (e.g., hotel, airport) outside office hours.
- Reservation modifications for a confirmed reservation (as per section 5.7).
- Additional driver, if stipulated in the current rates.
- The amounts of these surcharges will be communicated to the client before formalizing the reservation or rental contract.
7.6. Refunds
- If a cancellation entitles a refund (as per section 5.6), the refund will be processed via the same payment method used by the client, unless technically impossible or otherwise agreed.
- The company reserves a maximum period of X days (typically 7-15 business days) to process the refund, depending on the payment method, once the request is processed and compliance with cancellation conditions is verified.
7.7. Non-Payments or Issues
- In case of non-payment of the rental or any additional charges (damages, fines, etc.), Yes Mobility is authorized to charge the amounts to the credit card provided by the lessee, after notifying them and providing proof of the charge.
- Any bank fees or debt collection costs (including lawyer and solicitor fees) may be passed on to the lessee.
7.8. Discounts and Promotions
- Yes Mobility may offer temporary discounts or promotions, applicable only on certain dates or conditions (e.g., online reservations, early booking).
- Such promotions have no retroactive effect on already confirmed reservations, unless specified otherwise in the offer.
7.9. Cash Limit
- For cash payments, the legal limit in effect at the time, as per applicable regulations, will apply. If this limit is exceeded, the client must pay the difference using another permitted payment method.
8. Deposit/Bond and Guarantees
8.1. Obligation to Provide a Deposit/Bond
- In addition to the rental amount, Yes Mobility may require the lessee to provide a deposit or bond to guarantee potential damages, fines, additional expenses, or any breach of these General Conditions.
- This amount may vary depending on the vehicle category and the type of insurance/coverage contracted (Basic, Comfort, Premium).
8.2. Deposit/Bond Method
- Credit Card: The most common method is a hold (pre-authorization) on the lessee’s credit card, retaining the amount until the vehicle is satisfactorily returned.
- Cash: In exceptional cases and with prior approval from Yes Mobility, the client may provide the deposit in cash, respecting legal cash payment limits.
- Other Methods: The company may propose alternative guarantee systems if specific agreements or tools exist (e.g., online guarantee platforms).
8.3. Amount to Be Held or Deposited
- The exact deposit amount will be communicated to the client before formalizing the contract and will depend on:
- Vehicle Category (high-end vehicles typically require a higher deposit).
- Contracted Insurance (Premium usually requires a lower deposit).
- Any Specific Surcharges or Conditions (e.g., driver’s age, rental history, etc.).
8.4. Use of the Deposit
- Yes Mobility may apply all or part of the deposit to:
- Cover repair costs for damages not covered by insurance.
- Pay fines or penalties resulting from the vehicle’s use during the rental period.
- Cover management fees (if not paid otherwise).
- Compensate for additional rental days if the vehicle is not returned on time.
- Any other concept arising from the lessee’s contractual breach.
8.5. Return or Release of the Deposit
- Once the vehicle is returned on the agreed date and time, Yes Mobility’s staff will inspect its condition.
- If no damages, fines, or other pending charges are detected, the hold on the credit card will be released, or the deposited amount in cash will be refunded.
- The release period may vary depending on the banking institution, and Yes Mobility is not responsible for delays.
- If potential damages requiring appraisal or subsequent invoices are found, the company may retain the deposit until the final cost is determined. After deducting the relevant amounts, the remaining balance will be returned to the lessee.
8.6. Subsequent Charges
- If, after the vehicle’s return, Yes Mobility detects damages not noticeable at the time or receives notifications of subsequent fines, it may charge these amounts to the lessee’s card or deduct them from the deposit.
- In such cases, the company will provide the client with the details and justification of these charges (photos, repair estimates, fine copies, etc.).
8.7. Deposit Disputes
- If the lessee disagrees with the application of charges to the deposit, they may submit a written claim to Yes Mobility, attaching any relevant documentation.
- The claim does not exempt the obligation to pay the amounts, but if it is later proven that the charge was not applicable, the company will refund the amount.
9. Insurance and Coverage
9.1. Types of Insurance Yes Mobility offers the lessee different coverage plans, allowing them to choose the one that best suits their needs:
- Basic Insurance (Included)
- Mandatory occupant coverage and third-party liability, as per current legislation.
- The vehicle includes an excess that the lessee must bear in case of damage or theft. The excess amount varies by vehicle category.
- Does not cover tires, rims, windows, locks, keys, or other cases considered excluded.
- Standard Insurance
- Includes Basic Insurance coverage.
- Waives the lessee’s costs for bodywork, headlights, bumpers, and roof damage (excluding sunroof), with a zero excess for these elements.
- Does not include tires, rims, windows, locks, or keys.
- The deposit is usually lower than with Basic Insurance, though a card hold may still be required.
- Minimum age to contract: 23 years, unless otherwise specified in writing.
- Premium Insurance
- Covers everything included in Standard Insurance and, additionally, tires, rims, windows, locks, keys, and roadside assistance.
- Zero excess for non-excluded damages.
- The deposit is the lowest possible or non-existent, depending on the vehicle category.
- Minimum age to contract: 23 years (Categories 1–3) and 30 years (Category 4), unless specified otherwise by Yes Mobility.
9.2. General Exclusions (Not Covered by Any Insurance) The following cases are not covered by Basic, Standard, or Premium Insurance, with full responsibility falling on the lessee:
- Loss, breakage, or theft of keys or remote controls.
- Interior damage (upholstery, dashboard, door panels) unless due to normal use and not caused by negligence.
- Underbody damage resulting from driving on unpaved roads or routes unsuitable for traffic.
- Improper or negligent use of the clutch or mechanical breakdowns due to negligent driving.
- Battery discharge due to negligence (e.g., leaving lights or electronic devices on for prolonged periods).
- Missing components (antenna, wiper blades, floor mats, etc.) due to theft or carelessness by the lessee.
- Refueling with incorrect fuel and any resulting consequences (assistance, repairs, etc.).
- Punctures or tire blowouts if the vehicle has a spare tire.
- Any act of gross negligence or intent by the lessee or authorized driver (reckless driving, driving under the influence of alcohol/drugs, racing, rallying, etc.).
- Carrying more passengers or cargo than permitted, or using the vehicle for illegal purposes or in restricted areas.
9.3. Cases Invalidating Coverage In addition to the above exclusions, any serious breach of the obligations outlined in these General Conditions (especially in the “Vehicle Use” section) may void or invalidate the insurance coverage entirely. For example:
- Driving without a helmet (for motorcycles) or without required safety devices.
- Driving on unpaved roads or off the island without authorization.
- Failing to submit an amicable accident report or request police presence when required.
- Concealing or tampering with evidence of an incident.
9.4. Procedure in Case of Accident or Incident
- The lessee must immediately inform Yes Mobility of any accident, theft, or damage and provide all documentation or an amicable accident report within a maximum of 4 hours.
- In case of theft, it is mandatory to file a police report with the competent authorities and provide a copy to the company.
- The lessee must not admit or prejudge liability to third parties, except in a duly completed amicable accident report.
- Failure to cooperate in processing the incident may result in the loss of coverage and full liability for damages.
9.5. Roadside Assistance
- Premium Insurance includes roadside assistance in Ibiza for mechanical breakdowns not attributable to the lessee.
- Cases listed in “General Exclusions” (e.g., lack of fuel, punctures without a spare tire) are excluded from this assistance, and such services will be billed separately.
- To request assistance, the lessee must immediately call the phone number provided by Yes Mobility in the contract.
9.6. Excess and Deposit
- The excess and deposit amounts are independent: the excess sets the maximum payable for non-excluded damages, while the deposit is a guarantee (see section 8).
- If the lessee has contracted zero-excess insurance but incurs damage included in the exclusions, they will still be responsible for the full cost of the damage.
9.7. Optional Insurance
- The lessee is free to choose Basic, Standard, or Premium Insurance at the time of making the reservation or formalizing the contract.
- Refusing to contract higher insurance (Standard or Premium) results in the application of the highest excess and, potentially, a higher deposit/bond.
9.8. Additional Information
- Any details not specified in this section will be governed by applicable Spanish insurance regulations and/or the specific conditions of the insurance policy contracted by Yes Mobility with its insurer.
- Yes Mobility will provide the insurance documentation for consultation upon the client’s request.
10. Vehicle Use
10.1. Proper and Diligent Use
- The lessee undertakes to use the vehicle with the utmost diligence, always complying with applicable Spanish traffic and road safety legislation, as well as any specific instructions provided by Yes Mobility.
- The lessee is obliged to keep the vehicle in good condition and cleanliness, use it normally, and periodically check basic levels (fuel, tire pressure) during the rental period.
10.2. Prohibitions
- Driving under the influence of alcohol, narcotics, medications, or any substance that impairs reaction capacity and/or alertness.
- Allowing the vehicle to be driven by persons not authorized in the contract (not listed as the main or additional driver).
- Engaging in sports activities (races, competitions, speed tests), driving instruction, or training activities.
- Subleasing or transferring the vehicle to third parties, whether free of charge or for payment.
- Transporting hazardous, explosive, or flammable goods, or any material prohibited by current regulations.
- Exceeding the passenger capacity or maximum load permitted by the manufacturer and/or the law.
- Modifying or tampering with vehicle parts, electronic systems, external appearance, or mechanics.
- Driving on unpaved or unsuitable roads, unless expressly authorized in writing by Yes Mobility.
- Leaving the island of Ibiza with the vehicle, unless expressly authorized.
- Smoking inside the vehicle (if prohibited by internal policy), especially if it affects the upholstery or causes persistent odors.
10.3. Specific Prohibitions for Motorcycles
- Not wearing a helmet.
- Carrying passengers if the motorcycle is not approved for two seats.
- Carrying objects that obstruct driving or compromise stability (e.g., excessive luggage).
- For scooters or motorcycles of 50 cc, 125 cc, or others, complying with the specific license and minimum age requirements stated in the contract.
10.4. Safety Obligations
- The driver and other occupants must use mandatory safety equipment (seat belts, helmets, child seats, etc.) as required by regulations.
- The lessee must ensure the vehicle is securely locked and parked (handbrake engaged, steering lock for motorcycles, etc.) when not in use.
10.5. Driver’s Condition
- Yes Mobility reserves the right to refuse vehicle delivery if, at the time of pick-up, the driver shows signs of being under the influence of alcohol or drugs, or in any condition that compromises safety.
- In such cases, no compensation will be provided, and the cancellation policy or retention of the deposit/payment will apply.
10.6. Transporting Animals
- Transporting animals may be restricted or require specific restraint devices. The lessee must consult Yes Mobility in advance and, if permitted, ensure necessary safety and cleanliness measures.
10.7. Liability for Fines and Damages
- The lessee is liable for penalties arising from traffic or parking violations during the vehicle’s use. Yes Mobility will also charge the management fee specified in the contract or these General Conditions (see fines and violations section).
- Any damage or defect caused by negligent use or violation of these prohibitions will be the lessee’s responsibility and will not be covered by insurance (see sections 9.2 and 9.3).
10.8. Periodic Inspection
- For long-term rentals, the lessee undertakes to bring the vehicle to Yes Mobility’s office or a designated workshop when necessary to check oil levels, coolant, tire pressure, or any preventive maintenance.
- Any detected anomaly must be immediately reported to the company.
10.9. Non-Compliance
- Failure to comply with this section or any other part of these General Conditions entitles Yes Mobility to immediately terminate the contract and repossess the vehicle, without prejudice to claiming corresponding damages.
11. Vehicle Delivery and Return
11.1. Delivery Location and Time
- Unless otherwise agreed, vehicle delivery (Check-out) will take place at Yes Mobility’s facilities (Carrer Ramon Muntaner 45, Ibiza) on the date and time specified in the contract or reservation confirmation.
- If the client requests a different pick-up location (hotel, airport, etc.), an additional fee will apply per current rates, and an approximate delivery time will be specified. Delays not attributable to the company will not entitle compensation.
11.2. Inspection and Contract Signing
- At the time of delivery, a visual and functional inspection of the vehicle will be conducted, noting any existing scratches, dents, or anomalies in a report or checklist.
- The lessee will sign the rental contract and confirm receipt of the vehicle in the described condition. Any objections must be raised at that moment.
11.3. Fuel Condition at Delivery
- The vehicle is typically delivered with a full tank (“full/full”) or at an agreed level specified in the contract.
- The lessee undertakes to return it with the same fuel level. If not, the missing amount plus a refueling management fee will be charged, per current rates.
11.4. Cleaning and Sanitization
- Yes Mobility delivers the vehicle in appropriate clean condition.
- The lessee undertakes to return it in a reasonably clean state, free of trash, excessive stains, or residues requiring special treatment.
- If extreme dirt is detected (e.g., sand, mud, vomit, etc.), a special cleaning fee will be applied.
11.5. Return Time (Check-in)
- The return will take place at the location, date, and time specified in the contract. Yes Mobility’s staff will inspect the vehicle to verify its condition, fuel level, and accessories.
- Once inspected, a return report will be signed, noting any observed issues.
- If the lessee wishes to return it to a different location than agreed, prior authorization is required, and a surcharge may apply.
11.6. Delayed Return
- The lessee has a possible courtesy period (e.g., 1 hour) specified in the contract or reservation confirmation.
- If this period is exceeded without prior approval, an additional rental day will be charged at the current rate or the established penalty.
- If the delay is excessive, the company may report unauthorized retention and take legal measures to recover the vehicle.
11.7. Early Return
- The client may return the vehicle before the agreed date/time, but this does not entitle a refund for unused days, unless otherwise agreed in writing.
11.8. Failure to Deliver and Loss
- If the lessee fails to return the vehicle after the rental period expires without justification, Yes Mobility may consider it misappropriation and take legal action.
- Additionally, charges for unauthorized extra days and damages resulting from the vehicle’s unavailability may apply.
11.9. Accessories and Documentation
- The client is responsible for returning all accessories (keys, remotes, vest, warning triangles, helmets for motorcycles, etc.) and the vehicle’s original documentation.
- Loss or damage to any of these items will be charged according to the current damage and extras rate table.
11.10. Subsequent Inspection
- Yes Mobility reserves the right to conduct a more thorough inspection if, due to lighting or time constraints, certain damages cannot be detected at the time of return. If hidden defects are found, the client will be informed as soon as possible, and the provisions of the Deposit/Bond section will apply.
12. Accidents, Theft, and Incident Procedures
12.1. Immediate Notification
- In the event of an accident, theft, or any incident affecting the vehicle, the lessee must immediately notify Yes Mobility (via phone or WhatsApp) and, in any case, within the first 4 hours from the occurrence or awareness of the event.
- The lessee must not abandon the vehicle until authorized by the authorities (police, civil guard) or a Yes Mobility representative, unless personal safety is compromised.
12.2. Accident Report / Documentation
- The lessee undertakes to properly complete an amicable accident report, including details of the other party (in case of a collision with another vehicle), witnesses, license plate, insurance company, and damage description.
- In case of theft, it is mandatory to file a police report with the competent authorities and provide a copy to Yes Mobility.
- If the lessee fails to complete or provide the accident report, an additional fee (e.g., management costs) may apply, and the insurance may not cover the damages.
12.3. No Admission of Liability
- The lessee must not sign or admit liability to third parties without Yes Mobility’s approval, except in the case of a properly completed amicable accident report.
- Any negotiation or direct agreement with the other party without the involvement of the company or its insurer may result in loss of coverage.
12.4. Roadside Assistance
- If the vehicle is immobilized due to an incident, the lessee must contact the assistance service (provided by Yes Mobility or specified in the documentation) and follow its instructions.
- Premium Insurance covers assistance for breakdowns or incidents not attributable to the lessee’s negligence. Otherwise (e.g., incorrect refueling, puncture without a spare tire), assistance costs will be the client’s responsibility.
12.5. Vehicle Replacement
- Yes Mobility is not obliged to replace the vehicle in case of an accident or theft, especially if negligence or breach of these General Conditions is detected.
- If appropriate and the fleet allows, the company may offer a replacement vehicle under new rental conditions or maintaining the existing ones, as applicable.
12.6. Mechanical Breakdowns
- In case of a mechanical breakdown not caused by the lessee’s negligence, the client must contact the company for instructions and proceed with repair or vehicle replacement.
- Repairs carried out independently or through third parties without Yes Mobility’s express authorization are prohibited.
12.7. Subsequent Report and Cooperation
- The lessee undertakes to cooperate with Yes Mobility and/or its insurer in the investigation, processing, and defense of any claim arising from the incident.
- If additional data, testimony, photos, or other documents are required, the client must provide them as soon as possible.
12.8. Management Fees
- In case of accidents or incidents with damages, a management fee may be applied for administrative tasks (e.g., issuing reports, processing claims), not covered by insurance unless the client has a clause exempting them.
12.9. Consequences of Negligence
- If damages result from an incident and it is proven that the lessee acted with gross negligence (e.g., driving under the influence, illegal racing, unauthorized use), they will bear all costs, without insurance coverage (see section 9.3).
13. Fines, Violations, and Liability
13.1. Liability for Violations
- The lessee and/or authorized driver assumes full responsibility for fines, penalties, or traffic violations occurring during the rental period.
- This also includes non-compliance with parking regulations, tolls, traffic restrictions, or any other legal obligation related to vehicle use.
13.2. Notification of Violations
- If Yes Mobility receives a violation notice for incidents during the rental period, it will provide the competent authority with the lessee’s details so the claim is directed to the responsible party.
- The lessee may file any objections or appeals they deem appropriate with the competent authority.
13.3. Administrative Management Fees
- For each fine or violation notice received by the company, Yes Mobility may charge the lessee an administrative management fee to cover processing, identification, and communication costs.
- This fee will be specified in the contract or current rates, e.g., €45 per violation case.
13.4. Non-Payment of Fines
- If the lessee fails to pay a fine and the company is forced to cover it or any related surcharges, Yes Mobility will charge these amounts to the lessee’s card or deduct them from the deposit, along with the corresponding management fees.
13.5. Early Return / Loss of Documentation
- Even after the rental period ends, the client remains responsible for any violations committed during that time.
- In case of lost documentation (e.g., a fine notice left on the windshield) or failure to report the notification to the company, the lessee remains liable for paying the fine.
13.6. Other Liabilities
- The lessee is responsible for any damage to third parties not covered by insurance (e.g., if caused by gross negligence, driving under the influence, or off suitable roads).
- They are also responsible for own damages not covered by the contracted insurance policy (see Insurance and Coverage sections).
13.7. Legal Actions
- If the lessee incurs criminal violations or illegal acts (e.g., reckless driving, fleeing the scene of an accident with victims), Yes Mobility reserves the right to initiate or cooperate with legal actions.
14. Roadside Assistance
14.1. Included Service (Premium Insurance)
- Roadside Assistance is included at no additional cost for lessees with Premium Insurance and covers mechanical breakdowns not attributable to negligent use or excluded circumstances.
- If Basic or Standard Insurance is contracted, roadside assistance for breakdowns or incidents may incur an additional cost, unless specified otherwise in the contract.
14.2. Geographical Scope
- Roadside assistance is provided exclusively within the island of Ibiza. If the client takes the vehicle off the island without authorization, coverage will automatically be excluded.
14.3. Contact and Procedure
- Immediate Notification: In case of a breakdown or incident preventing the vehicle’s operation, the lessee must contact the assistance number provided by Yes Mobility (or the company’s phone if no specific number is provided).
- Location and Details: The client must provide the vehicle’s exact location, license plate, and describe the mechanical issue as accurately as possible.
- Follow Instructions: The lessee must wait for the tow truck or technical service, following Yes Mobility’s instructions.
14.4. Assistance Exclusions
- Cases listed as exclusions in the Insurance section (e.g., lack of fuel, punctures with a spare tire available, battery discharge due to negligence) are not covered by this assistance.
- In such cases, any costs for rescue, towing, or repair will be borne by the client.
14.5. Replacement Vehicle
- The company is not obliged to provide a replacement vehicle if the breakdown or incident is due to negligence, misuse, or a case not covered by insurance.
- In case of a fortuitous mechanical breakdown (not attributable to the lessee) and if the fleet allows, Yes Mobility may offer an alternative vehicle at no cost or under equivalent conditions, based on internal assessments.
14.6. Limited Liability
- Yes Mobility is not liable for delays or inability to provide assistance due to force majeure (road closures, extreme conditions, strikes, etc.).
- In any case, the company undertakes to make reasonable efforts to minimize inconvenience to the lessee.
14.7. Gross Negligence Cases
- If, after assistance intervention, it is proven that the breakdown/incident was caused by reckless driving, competitions, races, or any unauthorized use, the costs of assistance, towing, and/or repair will be fully charged to the lessee.
15. Specific Conditions for Electric or Hybrid Vehicles
15.1. Types of Vehicles Covered
- These conditions apply to vehicles fully or partially powered by electricity (100% electric or plug-in hybrids) provided by Yes Mobility to the client.
15.2. Battery Level at Delivery
- The vehicle is delivered with a sufficient battery level (typically not less than 80%) or fully charged, as specified in the contract or reservation confirmation.
- The lessee must check the battery status and ensure they understand the charging procedure before using the vehicle.
15.3. Obligation to Maintain Adequate Battery Level
- The lessee is responsible for planning their trips and maintaining a battery level that ensures safe vehicle use.
- Yes Mobility will not be liable if the vehicle becomes immobilized due to a lack of battery charge if the driver failed to plan for recharging or access an available charging point.
15.4. Battery Recharging
- The client may recharge the vehicle at public or private charging stations available on the island of Ibiza, bearing any associated costs.
- Yes Mobility may provide a specific cable or adapter for domestic or semi-fast charging. Any damage or loss of these accessories will be charged to the lessee.
- It is prohibited to use power outlets that do not meet safety standards or comply with current electrical regulations.
15.5. Return with Minimum Battery Level
- The lessee must return the vehicle with at least 20% battery charge or the minimum specified in the contract.
- If returned below this percentage, a surcharge or penalty will be applied as per current rates.
15.6. Assistance for Battery Discharge
- If the vehicle becomes immobilized due to a discharged battery caused by the lessee’s lack of foresight, the cost of assistance or towing will be borne by the client, unless a clause in the Premium Insurance covers this scenario.
- Yes Mobility does not guarantee the immediate availability of a replacement vehicle in these cases.
15.7. Travel Outside the Island or Unsuitable Roads
- Even for electric vehicles, the prohibition on leaving the island of Ibiza without express authorization remains in effect.
- The same restrictions on driving on unpaved or unsuitable roads apply (see section 10.2).
15.8. Usage Recommendations
- The lessee should familiarize themselves with the range characteristics of the electric/hybrid vehicle and the Eco driving mode (if available) to optimize energy consumption.
- It is recommended to recharge the battery when it falls below a certain level (e.g., 30%) to avoid the risk of complete discharge.
15.9. Exemptions and Liability
- If damage occurs to electrical components (battery, wiring, charger) due to improper use (e.g., overloading, improper handling), the client will bear the full repair cost, as this is considered negligence.
- The company will not be liable for the absence or unavailability of charging points at certain times or locations on the island.
16. Additional Services and Ticket Sales
16.1. Definition of Additional Services
- In addition to vehicle rentals, Yes Mobility may offer or promote certain complementary tourist services, such as ferry tickets, excursions, day passes, nightclub entries, leisure activities, or third-party tourist packages.
16.2. Intermediation
- In such cases, Yes Mobility acts solely as an intermediary between the client and the final service provider (hotels, tour operators, ferry companies, etc.).
- The contract for the complementary service is formalized directly between the client and the provider, with Yes Mobility not being responsible for its execution, cancellation, or issues.
16.3. Reservation and Payment Conditions
- The client purchasing these services must pay the stipulated price, either through Yes Mobility or directly to the provider.
- Reservations may be subject to the provider’s specific cancellation policies (e.g., partial or non-refunded refunds).
- It is the client’s responsibility to review these conditions before confirming the purchase.
16.4. Documentation and Tickets
- For tickets or entries (ferry, nightclubs, etc.), Yes Mobility may provide a voucher or access code for the client to present to the final provider.
- The lessee is responsible for safekeeping these documents and presenting them at the appropriate time. Loss or damage may prevent access to the service without a refund.
16.5. Cancellations and Modifications
- Modifications or cancellations of additional services contracted with a third party will be governed by the provider’s conditions.
- Yes Mobility does not guarantee the possibility of changes or assume cancellation costs if the provider rejects them or applies penalties.
- In case of issues, Yes Mobility may facilitate contact with the provider, but the final responsibility lies with the provider.
16.6. Yes Mobility’s Limited Liability
- Yes Mobility is not liable for the execution, delays, suspensions, or quality of additional services provided by third parties.
- Any claims related to these services must be directed to the provider, though Yes Mobility may assist in initially channeling the complaint.
16.7. Extras Related to Vehicle Rental
- Extras directly contracted with Yes Mobility (e.g., extra helmets, child seats, phone holders, GPS) are not considered third-party services. These accessories are governed by the conditions in the rental contract and may incur additional costs.
17. Data Protection and GPS Trackers
17.1. Personal Data Processing
- Yes Mobility will process the personal data of the lessee, additional drivers, and service users in accordance with Spanish and European data protection regulations.
- Data is collected to formalize and manage the vehicle rental, issue invoices, process payments, handle claims, and comply with applicable legal obligations.
- The lessee agrees that Yes Mobility may use their contact details to send information related to their reservation, customer service, and, with express consent, commercial communications about the company’s products or services.
17.2. Data Retention
- Data will be retained for the time necessary to fulfill the contractual relationship and applicable legal obligations (e.g., tax, accounting, security).
- After the rental period ends, data required for formulating, exercising, or defending claims may be retained in a restricted form.
17.3. Data Transfers
- Data will only be transferred to third parties if legally required (e.g., traffic authorities) or necessary for managing fines, payments, or incidents (e.g., insurance companies, repair shops).
17.4. Data Subject Rights
- The lessee and additional drivers may exercise their rights of access, rectification, deletion, objection, restriction, and portability by submitting a written request to Yes Mobility at the provided contact address (or via email at info@yesmobility.es).
- They also have the right to file a complaint with the Spanish Data Protection Agency (AEPD) if they believe the processing does not comply with current regulations.
17.5. GPS Trackers and Telematic Devices
- To prevent theft, enhance security, and ensure compliance with these General Conditions, Yes Mobility vehicles may be equipped with GPS tracking devices or equivalent telematic systems.
- The lessee expressly consents to the installation and use of these devices, understanding that they will be used solely for vehicle localization and protection, and not for purposes beyond those stated in these Conditions.
- Data collected by GPS may only be processed by authorized Yes Mobility personnel or third parties managing the localization service, always in compliance with data protection regulations.
17.6. Confidentiality and Security
- Yes Mobility implements necessary technical and organizational security measures to ensure the confidentiality, integrity, and availability of personal data, including those related to vehicle geolocation.
- In case of security incidents or data breaches, the company will act in accordance with current legislation, notifying competent authorities and affected parties if required.
17.7. Full Privacy Policy
- For more information on how Yes Mobility processes personal data, the lessee can consult the Privacy Policy available on the company’s official website or request it via info@yesmobility.es.
18. Jurisdiction and Applicable Law
18.1. Applicable Law
- These General Conditions and any rental contract with Yes Mobility will be governed and interpreted in accordance with Spanish law, subject to applicable common law provisions.
18.2. Competent Jurisdiction
- The parties agree to submit any dispute, discrepancy, issue, or claim arising from the execution or interpretation of these General Conditions to the competent Courts and Tribunals of Ibiza, expressly waiving any other jurisdiction that may apply, except where consumer protection regulations mandate a different mandatory jurisdiction.
18.3. Transport Arbitration Boards (if applicable)
- In disputes related to transport or land logistics (e.g., if Yes Mobility also acts as a transporter), the possibility of submitting the dispute to the corresponding Transport Arbitration Board may apply, per Spanish regulations.
- However, such submission is valid only if both parties agree in writing.
18.4. Mediation and Arbitration
- Yes Mobility may voluntarily propose mediation procedures with consumer organizations or private arbitration, provided the client consents.
- Participation in such procedures does not preclude resorting to ordinary judicial proceedings if no amicable agreement is reached.
18.5. Sectoral Regulations
- Vehicle rentals are subject to transport, traffic, and motor vehicle circulation regulations, as well as any applicable regional or municipal regulations on the island of Ibiza.
19. Acceptance of General Conditions
19.1. Declaration of Compliance
- By signing the rental contract (in physical or digital format) or confirming the reservation (online or in-person), the lessee expressly declares that they have read, understood, and accepted all clauses and sections of these General Conditions, without reservations or conditions.
19.2. Integration with Other Documents
- These General Conditions are complemented by the Legal Notice, Privacy Policy, and, where applicable, the Specific Conditions included in the rental contract.
- In case of discrepancies between the Specific Conditions and these General Conditions, the Specific Conditions will prevail only for the specific points outlined in the contract.
19.3. Availability
- Yes Mobility will always keep an updated copy of these General Conditions available on its official website and/or at its offices.
- The client may request a paper or digital version at any time.
19.4. Severability Clause
- The potential nullity or unenforceability of any clause in these Conditions will not affect the validity of the remaining clauses, which will remain binding.
19.5. Date of Last Revision
- These General Conditions were reviewed and published on [insert date here]. Yes Mobility reserves the right to update them, with the version in effect at the time of reservation or contract applying.