General Motorcycle Rental Conditions GRUPO MOTOS MOTOUR 2017 SLU
0.- Introduction.- These GENERAL CONDITIONS GOVERING THE VEHICLE RENTAL AGREEMENT (referred to hereinafter as the, “General conditions”) shall govern the contractual relationship between GRUPO MOTOUR AUTOMOTIVE 2017 S.L.U (referred to hereinafter as, MOTOUR or the “Lessor”) and the paying customer (referred to hereinafter as the “Lessee”), pursuant to which the former party shall allow the latter party to use a vehicle (referred to hereinafter as the “Vehicle”) for the period of time, price and other conditions that are established by the parties in the rental agreement (referred to hereinafter as the “Agreement”), which shall be drawn up and signed at the premises of the Lessor. If there are any discrepancies between the content of a point of the General Conditions and those of the specific conditions signed between the parties, the latter shall prevail. The Lessee is responsible for always keeping a copy of this agreement in the Vehicle.
1.- Subject matter of the agreement:The rental of the Vehicle described in the specific conditions of the agreement without a motorcyclist, for the private transportation of passengers and their luggage, in compliance with all the General Conditions established herein.
2.- Rental period: Collection, return and extension: The minimum rental period shall be 1 day (24 hours) and the maximum period shall be established in the Agreement. The rental days shall be counted as being 24-hour periods. If the aforementioned period is not complied with, this shall entitle the Lessor to charge the cost of renting the vehicle from the expiry of the agreement until the Vehicle is returned, according to the General Rates in Force, established in the Table of prices that is attached to the Agreement, the mileage, the damage and the penalty for the economic damage caused. This amount shall be added on every day, from the date that the vehicle should have been returned until it is actually returned or is recovered and prepared. If the Vehicle is abandoned, as well as the aforementioned, a fee for getting the vehicle back shall be charged along with all the costs and expenses incurred in doing this. If the vehicle is returned before the end of the agreed rental period none of the amount paid by the Lessee according to the agreement, shall be returned or refunded, seeing as it is considered to be a one-sided termination of the Agreement by the Lessee. If the Lessee fails to comply with any of the points established in the General or specific Conditions established in the Agreement, the Lessor shall be entitled to take the Vehicle away from the Lessee at any time, and also claim compensation for any damage or loss caused. On the grounds of having to service the Vehicle, the Lessor is entitled to replace the Vehicle at any time for another that has similar features, and it shall inform the Lessee of this beforehand. The vehicle shall be collected and returned at the premises of MOTOUR where the agreement is signed, within the time periods and pursuant to the terms established in the specific conditions of the Agreement. MOTOUR gives the Lessee the option to return the vehicle to other facilities of the company, other than where the Agreement was signed (One Way fee), according to the conditions and the restrictions of the service itself, which are stated on our website and those established in point 15, within the same time periods and pursuant to the terms established in the specific conditions of the Agreement, in which case the Lessee must pay the One Way fee.
2.1. Extension of the Agreement: The Lessee must specifically inform the staff in writing and/or in person at the MOTOUR office where the Agreement was signed at any time before the end of the rental period established in the Agreement, or at any other MOTOUR office, according to the aforementioned One Way fee conditions. The minimum extension period shall be at least 1 day (24 hours) and this can be lengthened pursuant to the specific conditions of the Agreement and the Vehicle that is being rented. Under no circumstances whatsoever shall the price stated at the beginning of the Agreement be used for an extension of it. If the Lessee wants to keep the Vehicle for longer than what was initially agreed upon, the Lessee agrees to get specific authorisation beforehand from the Lessor and pay the amount of the additional deposit immediately for this extension, the applicable price to rent the vehicle for a longer period of time is the price stated in the General Price List, established on the website or at the MOTOUR facilities or other media used by the company. The Lessor is entitled to refuse to extend the rental period for operational reasons. The use of the Vehicle once the rental period or the extension of such has expired shall be considered to be unauthorised use for the purposes of point 11 of this agreement, in which case, a report might be filed for unlawful appropriation. There is a surcharge to pay for collecting or returning the Vehicle outside the business hours of the office.
3.Motorcyclist(s): It is obligatory to present a valid European ID card or passport and a driving license throughout the entire rental period. These documents must be in physical format, legible, in good condition, and compliant with country legislation. Digital or electronic driver’s licenses (in official applications) will be accepted; we do not accept photographs or photocopies of these documents. The customer is responsible for ensuring the validity of their driving license by conducting the necessary verifications.
3.1 125 cc Motorcycles: Both the renter and additional drivers must be a minimum of 18 years old and possess a specific motorcycle license (category A1, A2, or A). Drivers holding a type B driving license must be at least 21 years old and have held it for a minimum of three years.
3.2 Motorcycles +125 cc: Both the renter and the additional drivers must have a specific permit for motorcycles (category A2 for motorcycles with a power of up to 35 kW or A for any displacement and power).
3.3 Tricycles: Both the renter and additional drivers must be a minimum of 21 years old and hold a specific motorcycle license (category A2, or A) or a type B driving license.
4.- Vehicle maintenance:The lessee will receive the vehicle and its accessories in perfect condition, and it is their responsibility to keep them in good condition. No modifications, either external or internal, should be made to the vehicle. If any modifications are made, the lessee will be responsible for restoring the vehicle to its original condition at their own expense, and they may also be liable for compensation for any damage or loss caused. Repairs or replacement of parts can only be carried out with prior written authorization from the lessor. Any expenses incurred for repairs will only be reimbursed if the lessor has given prior consent and has accepted the quote provided by the mechanic. If the lessor has not given written consent, the lessee will be fully responsible for paying all expenses related to repairs, including mechanic charges and spare parts.
5.- Vehicle identification: The lessee must keep all the MOTOUR stickers and registration documents inside the rented vehicle for proper identification. Removing or disposing of these items will result in a surcharge, which includes the cost of replacing them, as well as any fines imposed by the authorities for not having the aforementioned documents in the vehicle.
6.- Objects found:The Lessee shall empty the Vehicle of their personal belonging. The Lessor shall not be held responsible for any item found in the Vehicle. However, any item found in the Vehicle may be sent back to the Lessee upon their explicit written request to info@motosmotour.es. In such a case, the Lessor shall charge a fee for the handling and shipping of the items, which shall be fully borne by the Lessee.
7.- Breakdowns:In the event of a breakdown or accident outside the agreed rental period, once the contractual relationship between the Lessee and the Lessor (hereinafter referred to as the Parties) has ended, The Lessee shall be responsible for 100% of the payment for any repairs and expenses incurred by the Vehicle.
8.- Prices and rates:The prices set forth in the Agreement shall be in accordance with the current General Price List, which is publicly available at MOTOUR facilities, website, and other media deemed appropriate by the Lessor. The Lessee acknowledges that they have reviewed the content of the General Price List, specifically the prices related to the vehicle type being rented and the type of agreement entered into by the Parties, prior to signing this Agreement. All prices are stated and expressed in Euros (€). The fuel price will be specified at the time of signing the Agreement, as it is subject to fluctuations and cannot be provided in these general Condition.
9.- Insurance coverage:The Lessor has different coverage policies available that have different prices, which are as follows: All Groups/Segments have: (PREMIUM MOTOUR COVERAGE) we will maintain an amount on the Lessee’s credit card, which will range between €300 – €1500 €, according to Vehicle Group/Segment, as pre-authorization. If the Renter returns the Vehicle in the same conditions in which it was at the time of collection, the amount withheld on the credit card will be released. If any damage is subsequently caused to the vehicle, the Renter will be charged an administrative fee for the damage, regardless of the amount set out in the “Damage, Theft and/or Loss and Related Services Price Table”. All Groups/Segments have contract liability civil liability coverage that covers up to €50,000,000, individual accidents and legal defense.
9.1 Insurance coverage: PREMIUM Road Assistance (MOTORCYCLE): This insurance covers the 24 hour telephone service, to phone the following telephone number: +34 914 522 912, change or replace the Vehicle that has change or replace the Vehicle that has been involved in the incident, the road assistance with a tow truck, getting to replace where the incident happened as quick as possible ( this shall not applicable if this incidents is the result of the negligence of the Lessee or an accident or the Vehicle being stopped for a driving offence committed with it, as specified in the points 10.1 and 11). The cost of this service is listed in the Annex attached.
9.2 General Exclusions of Coverage and Corresponding Surcharges: All the detailed coverages do not include the following services related to damages to the Vehicle, specifically: structural elements, undersides, and exterior. This also applies to accessories (keys, helmets, looks, etc). This list is for informational purposes only, given its length, we refer you to the “Damage, Theft, and/or Losses and Related Services” which provides detailed information on all possible damages, theft, losses, and related services, along with their respective prices. The aforementioned table is available to the general public at MOTOUR facilities, websites, or any other medium deemed appropriate by the Lessor. The lessee expressly acknowledges being aware of its content prior to signing this Agreement. All prices will be stated in Euros (€) and will be the basis of charging any damages, thefts, losses, and related services on the invoice issued to the Lessee.
None of the coverage options will cover damages to the insured Vehicle resulting from: wars, natural catastrophes, and natural phenomena (hailstorms, blizzards, etc.), Terrorism, riots, or civil unrest; actions by law enforcement agencies, negligence on the part of the Lessee, abandonment, accidents, or immobilization of the Vehicle due to crimes or offences committed with it, and any other activity specified in section 10.1 and 11. This damages and related services will be the responsibility of the Lessee. The coverage does not, under any circumstances, cover personal belongings left, stored, or transported in the vehicle. DEPOSIT/BAIL: DEPOSIT/BAIL: Regardless of the selected coverage options, a deposit will be held on you credit card as a guarantee of your compliance with your obligations to MOTOUR and as security for any potential liability arising during the rental period that must be assumed by the Lessee. The deposit amount will be from €300.00 to €1500, depending on the motorcycle model it may even be higher. This deposit will be made by temporarily blocking the corresponding amount on your credit card, and in the absence of any rental-or vehicle-related incidents, the preauthorization or blocked amount will be releases upon the completion of the contract. The deposit amount is determined based on the category/segment of the reserved vehicle.
10.- In the event of an accident, criminal act, or vandalism (see point 10.1) committed against the Vehicle, the Lessee is obligated to:A. Immediately report the incident to the police. B. Complete an accident report using the official form found in the Vehicle, providing at least the license plate number, name, and address of the other party involved, as well as the name of the insured and, when possible, the insurance policy number. C.Clearly and precisely describe the accident and, if applicable, record the names of any witnesses. D. Not prejudge or accept any responsibility for the accident. E. Not abandon the Vehicle without taking appropriate measures to protect it from further damage, leaving it locked and not obstructing traffic. F. Immediately inform MOTOUR of the incident by calling the emergency phone number: +34 965 271 174. In the event of an accident or criminal act, the Lessor is not obliged to provide the Lessee with another rental vehicle. In this situation, the Contract between the Lessor and the Lessee will be considered terminated, and the Lessee will be responsible for all expenses related to the Contract to the Lessor. Failure to submit, or incomplete or illegible submission of the accident report or incident declaration will result in the Lessor charging a fee for claims processing. The Lessor may offer a replacement vehicle, under the current conditions in effect at the time, to replace the Vehicle involved in the accident, criminal act, or vandalism.
10.1. Examples of criminal acts or vandalism committed against the Vehicle include: Vehicle theft or robbery. Theft or robbery of exterior or interior parts of the Vehicle, such as wheels, tires, or seats. Forceful theft resulting in damage to the Vehicle’s windows or bodywork. Vandalism against the Vehicle. The above list is provided for illustrative purposes and is not exhaustive.
11.- Unauthorized Use of the Vehicle:It shall be the Lessee’s obligation to use the Vehicle with due diligence and care, in accordance with its characteristics, while respecting the current motor vehicle traffic regulations and avoiding any situation that could cause damage to the Vehicle or to third parties. Furthermore, in any case where the provision of this clause are breached, it shall be deemed as unauthorized use. The Lessee is obligated not to allow anyone other than the authorized individuals specified in this Agreement to operate the vehicle and shall be liable for the unauthorized use of the vehicle, bearing direct responsibility for any damage or harm caused to the vehicle or to third parties in such cases. The Lessee shall be fully liable for damages caused to any part of the vehicle due to unauthorized use. In the event of unauthorized use of the vehicle, the Lessee is obligated to pay all expenses resulting from such damages, and the specified amount shall be charged to the Lessee’s credit card, with the Lessee expressly consenting to all effects. The Lessee’s signature on the Agreement shall be considered as acceptance of the specified general and specific conditions. Unauthorized use includes, but not limited to, the following examples: • Participation in a competition. • Illegal racing. • Driving without a valid driver’s license or circulation permit, or without the Lessor’s authorization. • Transfer of the vehicle to a third party. • Pushing or towing any other vehicle. • Driving in areas that are no t suitable for public transportation, such as beaches, race, tracks, etc. • Driving on roads that could cause damage to the vehicle’s undercarriage. • Neglecting to respond to waring lights or indicators on the vehicle’s dashboard, which the lessee acknowledges upon signing this agreement. • Transporting furniture, except in vehicles designed for this purpose. • Transporting animal in the vehicle. • Transporting people or goods that directly or indirectly involve payment to the lessee (e.g., using the vehicle as an illegal “taxi”). • Subleasing the vehicle. • Transporting a greater number of people or amount of luggage than authorized for the vehicle. • Leaving objects visible in the vehicle. • Driving the vehicle while fatigued, ill, or under the influence of alcohol, medication, or drugs. • Reckless driving. • Driving contrary to traffic regulations. • Driving the rented vehicle by a person not authorized in the contract, whether as a lessee or additional driver(s). • Driving the vehicle outside the permitted territory, as established in section 15 of these terms. • Using the vehicle after the rental period has ended. • SMOKING IN THE VEHICLE IS PROHIBITED.
12.- Traffic offences:Lessee shall be held the responsible for paying any fines incurred during the rental period. The Lessee must inform to Lessor of any fines that is imposed on the Vehicle or the driver throughout the rental period. The lessor shall always charge a fee for the notification and handling of fines imposed on the Lessee. The payment of penalties is not covered by any of the available insurance options. In the event that the authorities impound the Vehicle due to an act or omission by the Lessee, regardless of the cause, the Lessee shall assume full responsibility and shall indemnify the Lessor for alla expenses and lost or earnings incurred as a result.
13.- Join and several Liability:The lessee and/or additional drivers shall be jointly and severally liable for obligations assumed by the Lessee in the Agreement and for all applicable legislation pertaining thereto.
14.- Fuel Policy:Full/Full: Upon vehicle delivery, the Lessor undertakes to provide the Vehicle with a full fuel tank, and the Lessee shall also be obligated to return it in the same conditions. If the Lessor fails to fulfill the fueling obligation, the Lessee may demand the Vehicles to be delivered with a full tank at the time of delivery. If the Lessee does not make this claim at that time, it will be understood as their acceptance. However, if it is the Lessee who fails to return the vehicle with a full tank, a refueling fee will be charged, including the cost of refueling and the amount of fuel needed to reach 100% capacity of the fuel tank.
15.- Permitted Territory:The vehicle may only be driven withing the national territory, European Union, Andorra, and Gibraltar, with the exception of Bulgaria, Romania, Albania, and the United Kingdom. The vehicle shall not be shipped or transported by any means, except with prior written authorization from the Lessor. Please note that some of our vehicles are equipped with GPS tracking devices, and if its detected that they have exceeded the permitted territory, it will be considered a breach of the Agreement. In such cases, the Lessor may charge the Lessee for damages incurred, immediately terminate the presen contract due to the Lessee’s contractual breach and take appropriate legal action. The cost for this service in detailed in the attached Annex.
16.- Mileage:Kilometers limited to a maximum average of 50 km. per rental day if it is 50cc, 125 kms. for 125cc and 250 km. for more than 125cc. The cost per additional km costs €0.79. This amount will also be charged if the Vehicle is used after the end of the Contract.
17.- Payment:All services must be paid in advance using a credit card (VISA, MASTERCARD or AMEX), debit car, or cash will be accepted in our facilities. For security purposes, a deposit must be preauthorized, valued according to the conditions specified in point 9 y 9.2. Payment for reservations made through our website can only be made use the aforementioned credit or debit cards. The deposit and excess amount will be captured using the credit card provided by the Lessee or additional driver who sings the Agreement. In the vent that there are no issues with the vehicle, the release of the Excess/Bail amount and deposit will be automatically requested from the bank upon contract closure.
18.- Currency:The prices established bye the Lessor are in Euros (€), any other currency can be converted using the currency converter: https://www.google.com/finance/converter, and the Lessor cannot be held accountable for any mistake made in the conversion. Payments can be made at any of our facilities in the currency established in the Agreement, and only with the aforesaid credit card.
19.- Taxes:All the prices listed include the Value Added Tax in force (VAT). The Lessor is exempt from paying any other tax or fee that any state, autonomous community or local authority could establish while this Agreement is in force. 3
20.- Jurisdiction and applicable law:This agreement is governed bye the corresponding National Law that affected. The parties agree to submit any dispute or matter that might arise due it this agreement to the Transport Arbitration Boards, Courts and Tribunals, unless they are related to consumer affairs, which shall be governed by the jurisdiction established in the corresponding law.
20.1 In accordance with the regulation on the settlement of online consumer – related disputes (Regulation EU Nº 524/2013) in reference always must be made to the EU platform to settle disputes online. This also applies if there is no interest in taking part in this procedure.
21.- Cancellation Policy:All cancelations must be made in writing to the follow email address info@motosmotour.es, clearly stating the reservation number in the subject line. In Non-Refundable Rates, no refund will be issued unless due to force majeure circumstances (natural disasters, wars, terrorist attacks, the tenant’s documented sudden death or serious illness, or the same occurring to their parents, siblings, or children), which must be duly substantiated through the web, email or regular mail.
22.- Customer service and complains:If you would like to provided any suggestions for improving our services, we are at your disposal through the email address info@motosmotour.es. Additionally, all our facilities have official complaint forms available, which will be kindly provided by our staff upon request.
23.- Framework Agreement:These conditions constitute a framework contract and shall apply to alla rental agreements entered into by the same tenant with MOTOUR.
24.- Translation: The lessee is entitled to receive a copy of these general conditions in the official language, and this will be stated in version of the same document drafted in other languages. We will inform the lessee at our facilities about the languages available at that time. In case of discrepancies, the Spanish version shall prevail.
25.- PRIVACY POLICY:Processing of Personal Data. In accordance with RGDP 2016/679, it is informed that the personal data collect here will be incorporated into files owned by MOTOUR. The personal data collected will be processed for the purpose of processing the contract and all related matters. THIRD-PARTY DATA. In the event of providing personal data owned by third parties, you declare that you have obtained the consent of the individuals involved, having previously informed them of the content of this privacy policy. COMMERCIAL COMUNICATIONS. I expressly accept that the data contained in the Contract may be transferred to keep me informed, either by mail or by any other means, of operational and commercial information, as well as conducting opinion studies regarding products and services offered by MOTOUR or by the companies comprising Group MOTOUR or entities in the same sector, with whom it collaborates, related to the leisure, insurance, financial, and automotive sectors. For more detailed information, you can consult our privacy policy on our website. RIGHTS OF DATA SUBJECT. The individuals concerned may exercise they rights of access, rectification, limitation, deletion, and objection by submitting a written request accompanied by a copy of their ID card to the aforementioned address or to the email address info@motosmotour.es.
MOTOUR: In order to achieve a seamless relationship with our customers and to work on improving our processes and services, we analyse the data obtained through the purchase of the product offered by Motour. This data is then synthesised into evaluations and reports, as well as customer satisfaction surveys in order to exceed customer expectations and offer an optimal mobility service. The data obtained also allows us to undertake accurate company strategic planning as well as to set objectives and implement a continuous improvement system within the organisation.
ANNEX QUANTIFICATION OF DAMAGES:
To facilitate its quantification, the damages caused to the leased vehicles are divided, for the purposes of their charge and specifically by unit and without prejudice to the application of the penalties described in these General Conditions, into the following five categories:
Category 1: €80 + VAT per unit
Broken or missing reflectors, damaged or missing helmet, scratches on a panel or plate, loss of locks, missing license plate, loss of mat, loss of documentation, loss of a key or several keys, whether or not there are spare parts in the store, mirror/ you are broken.
Category 2: €100 + VAT per unit
Missing mirror(s), broken lights, turn signals or headlights, unrepaired tire puncture, slight damage to the brakes, serious damage to a panel or sheet metal, broken or missing support, blow to the exhaust pipe, broken or lost leg starter or any of the stands.
Category 3: €200 + VAT per unit
Serious damage to the brakes, minor damage to several panels, badly damaged wheel, seat or seal broken, damaged or missing, case broken, damaged or missing, clutch broken or missing.
Category 4: €300 + VAT per unit
Seriously damaged or missing wheel, damage to the handlebars, damage to the cushioning, serious damage or disappearance of luggage racks, missing seat, having refueled with another type of fuel other than the one consumed by the motorcycle.
Category 5: €1500 + VAT per unit
Damage to the steering column, serious damage to the motorcycle, stolen or missing motorcycle, irreparable damage to the motorcycle, broken motorcycle due to going out on the highway, misuse of the vehicle, missed or untimely inspections or non-compliance with the contract or rules.
These damages will be paid in full on the same day the motorcycle is returned, either in cash, credit card, deposit or by bank transfer. Objects will not be accepted as part or form of payment.
The company reserves the right to change/modify or delete the prices indicated above whenever it deems appropriate and without prior notice.
