- DNI or Passport.
- Valid driving license in Spain (Car or Motorbike).
- Deposit: Credit Card (in 49 cc motorcycles: 300€, 125cc: 600€ and in Premium motorcycles: 900€)
- Bank transfer
- Credit Card
Prices include VAT.
Minimum age for drivers:
- 50cc: 18 years old
- 125cc: 21 years of age, with a minimum of 3 years of valid license or license for 125 cc motorcycles.
Collection and delivery of the motorcycles:
In our central office on weekdays (9:30-13:30h and 16:30-19:30h). After hours: call mobile 601 054 742
Delivery Service: Call us for more detailed information.
We will refund you up to 5 € if you come by taxi to our shop. (You must present the corresponding receipt).
The company reserves the right to offer a motorcycle of equal or superior value, in case of not having the exact model reserved.
I’m sure. I’m sure:
Damages to third parties and other risks are covered with a limit.
GENERAL RENTAL CONDITIONS
ARTICLE 1. USE OF THE MOTORCYCLE.
1.1 The Hirer undertakes to use and drive the motorcycle in accordance with the basic rules of driving and circulation and according to the specifications of use of the type of Vehicle.
1.2 The hirer agrees not to use the vehicle and / or not to let it be used in the following cases:
- (a) Carriage of passengers against payment.
- b) Pushing or towing any vehicle or any other object, rolling or not.
- c) Participate in competitions, official or otherwise, perform endurance tests of materials, accessories or products (unless expressly authorized by the Landlord)
- d) Driving the Vehicle under the influence of alcohol, narcotics or any other type of substance
- e) Transportation of goods that violate the law or legal provisions in force, or for illegal purposes.
- f) Transport of passengers in number superior to the authorized and indicated in the Permit of Circulation and/or Card of Technical Inspection of the Vehicle.
- g) Transport of goods in weight, quantity and/or volume greater than that authorized in the Circulation Permit and/or the Technical Inspection Card of the Vehicle.
- (h) Transport of flammable and/or dangerous goods as well as noxious toxic products and/or
- (i) Transport of animals of any kind.
- j) With luggage racks or similar other than those supplied by the lessor.
1.3 Only the person or persons identified and accepted by the Landlord in the rental agreement and/or any annex thereto are authorised to drive the Vehicle, provided that they have reached the age of 18 or 21 and are holders of a valid and valid driving licence.
Specifically, tenants must have the necessary administrative authorization (Permit and License) and must exchange driving permits issued abroad when so provided by current legislation.
The lessee shall be obliged to present the aforementioned documentation to the lessor, who shall take a copy before entering into the rental agreement.
1.4 The Renter undertakes to keep the motorcycle locked when not in use (by using the devices that the Renter provides for this purpose) and to keep the documents thereof.
1.5 The lessee undertakes to have the vehicle properly parked and guarded when not in use.
1.6 The Lessee is expressly prohibited from assigning, renting, mortgaging, pledging, selling or in any way guaranteeing: the Vehicle, the rental contract, the keys, documentation, equipment, tools and/or accessories of the Vehicle and/or any part or part thereof without the express written authorisation of MOTOUR; or treating the foregoing in such a way as to cause damage to the Lessor.
1.7 It is the obligation of the Lessee to stop the Vehicle as soon as possible when, while it is in motion, the instruments or any of the witnesses that detect an anomaly in the functioning of the Vehicle are illuminated or when he perceives external signs or sounds that indicate a breakdown or malfunction of the Vehicle. In this case the Lessee must contact the Landlord or the Roadside Assistance Company arranged by the Landlord, and only the latter. Charges will only be accepted on behalf of the said Assistance Company in cases of urgency and/or when the Landlord has expressly authorized them.
1.8 It is forbidden to use the Vehicle outside the province.
1.9 It is not permitted to carry the Vehicle on board any type of boat, train, lorry or aircraft (unless expressly authorised in writing by the lessor).
1.10 Kilometres are limited to a maximum average of 50 kms. per day of rental if it is 50cc. or 125 kms. for more than 50cc. The cost for additional km is 0,79 €.
1.11 Damages of any kind suffered by the Lessor as a result of non-compliance with the conditions contained in this article and/or for use other than that agreed by the Lessee, authorise the Lessor to remove the Vehicle from the Lessee, to cancel the contract and to invoice and charge the latter, with prior written notice to the Lessee, the duly justified amounts corresponding to the repair or other expenses arising from such damages.
ARTICLE 2. STATE OF THE VEHICLE
2.1 The Leaser delivers the Vehicle to the Lessee in apparent good working order and good external cleanliness, and having passed the internal controls of the Leaser; and with all its tyres in good condition and without punctures.
2.2 As an exception to the provisions of Article 5 of these General Conditions, in the event of deterioration, damage, theft and/or loss of any of the tyres, the Lessee undertakes to replace them immediately, at his own expense, with other tyres in perfect condition and without punctures. If the vehicle is returned unrepaired, the Lessee is authorised by signing this contract to collect the deposit or credit/debit card.
2.3 It is expressly forbidden for the Lessee to vary any technical characteristic of the Vehicle, the keys, equipment, tools and/or accessories of the Vehicle, as well as to make any modification to its exterior and/or interior appearance. (Unless expressly authorized in writing by the Landlord). If this happens, the tenant will have to pay the cost of replacing the parts that have changed to the original parts.
ARTICLE 3. PRICE, DURATION AND EXTENSION OF RENT.
3.1 The rental price is that expressed in the rental contract and is established on the basis of the General Price in Force (in terms of services, taxes and fees) and the initial price agreed with the Tenant at the time of the rental, according to the current rate selected.
3.2 The rental price includes the costs of the insurance (compulsory civil liability of the vehicle) but does not include insurance for theft / loss / damage to own vehicle, or other additional insurance.
3.3 The duration of the rental will be as agreed in the contract, and is invoiced on the basis of periods of 24 hours, counted from the time it was formalized. (Except for hourly rentals, which will be 60 minutes). Upon return of the vehicle there is a courtesy period of 1 hour, after which and if there is no prior notice, will be billed by the hour, according to the current rate and chargeable to the Lessee. If the Lessee does not return the vehicle on the stipulated day, the rental contract will be tacitly extended, if the Lessee does not object to this, and the corresponding rental price amounts will accrue for each day that passes, plus the established additional fine of 30€+VAT for each day that passes without the Lessee formalising the corresponding extension documents of the contract with the Lessee.
3.4 In the event of an extension agreed by both parties in the contract, or if the vehicle is returned after the deadline for any reason, the applicable price will be that indicated in the General Price List.
3.5 Under no circumstances may the deposit or guaranteed amount paid at the beginning of the rental period be used to extend the rental period. In the event that the Lessee wishes to keep the vehicle for a longer period than initially agreed, the Lessee undertakes to obtain prior express authorisation from the Leaser and to pay immediately the additional amount for this extension.
3.6 The lessee undertakes to return the vehicle to the lessor at the date and time and at the place agreed in the rental contract. The return of the vehicle in a different place from that initially agreed, without prior acceptance by the lessor, will result in an additional fine of € 100 to be borne by the lessee plus the cost of transport.
3.7 Only the completed service is considered to be completed once the Vehicle, helmet, documentation, keys and other objects have been handed over to the Lessor.
ARTICLE 4. PAYMENTS
4.1 The Lessee undertakes to pay the Landlord:
- a) The amount resulting from the application of the General Price in Force, or initial price agreed in the rental contract with or without option to purchase and according to the selected tariff, corresponding to duration, insurance, additional equipment and complementary services, according to the stipulated conditions, as well as applicable taxes and fees.
- b) The amount deriving from the provisions of Article 5 of these General Conditions and the General Price List (in relation to insurance) in terms of rental prices and excess or maximum liability in the event that any of the uninsured events occurs.
- c) The total amount of compensation for immobilisation of the vehicle for any circumstance, provided that it is due to the fault of the Lessor, estimated in accordance with the number of days necessary for the repair of the Vehicle and depending on the corresponding repair. For the calculation of this amount, the hourly rate of labour of the MOTOUR workshop will be used as the basis. In the event of theft or loss, the lessee shall only pay the lessor the amount corresponding to the maximum excess, in accordance with the provisions of Article 5.7.2 of these General Conditions (in terms of rental prices, transport, excess or maximum liability in compliance with the stipulations).
- d) The amount of the transfer and/or repair of damage to the Vehicle caused by the use of improper fuel, referring to the provisions of article 8 of these General Conditions. The calculation of this amount shall be carried out in accordance with paragraph (c) above and in relation to the kilometres travelled to collect the vehicle.
- e) The amount concerning the management of fines is 35€.
- f) The amount which, for any circumstance, may be derived from the event of the Lessee having caused damage to third parties or to the Lessee himself, even though he is insured. In the event that he is insured, when the lessor receives from the insurer the amount of the damage, he will return to the lessee what he was charged for that concept.
4.2 Payment of the amounts referred to in section 4.1 above must be made by credit card or in cash. In the latter case, it shall be in a currency accepted by the Landlord, and depending on the market exchange rate at the time of invoicing, an additional management fee of 3% shall be added in cases where payment is made in a foreign currency.
4.3 In the event that the Tenant fails to make the payments referred to in the foregoing articles within 24 hours of their accrual, the Landlord may deduct them from the deposit or credit card delivered in the preparation of the rental contract, in addition to claiming them by judicial or extrajudicial means without further proceedings or prior notice.
4.4 In the event that the lessee has contracted a rental with an option to purchase or some form of payment other than the usual one, in which it has been agreed to appear or pay a sum of money on a particular day and make no such payment, for every 24 hours of delay must pay the amount of € 20 by way of interest for failure to pay.
In the event that the stipulated day coincides on a Sunday or public holiday, the payment will automatically go to the next MOTOUR working or opening day at no additional cost to the customer.
A delay in payment, without prior notice, in addition to generating the daily expenses referred to in paragraph 4.4, shall be cause for complaint by judicial or extrajudicial means without further processing or prior notice. A delay of more than 24 hours will also lead to the relevant complaint of misappropriation, as well as the immediate withdrawal of the vehicle and the loss of the option to purchase it and any other right.
4.5 Cancellation of reservation
- If the cancellation is made with a notice of more than 48 hours, we will refund 100% of the amount paid in the reservation to be canceled.
- Cancellations are not allowed for notice of less than 48 hours.
- If the reservation is cancelled without prior notice, no refund will be made.
ARTICLE 5. COMPULSORY VEHICLE INSURANCE. THEFT, LOSS AND DAMAGE TO OWN VEHICLE.
5.1 As mentioned above, the rental price includes compulsory civil liability insurance for the vehicle, but not insurance for theft, total or partial loss, damage or any other prejudice suffered in the vehicle (or in your luggage, goods or personal objects carried in the vehicle) for any circumstance (whether due to vandalism or traffic accident).
5.2 The cost of taking out this compulsory civil liability insurance is included in the total price of the hire, any additional hire that the Tenant may wish to take out shall be paid in part and, where appropriate, shall be carried out expressly by choosing the insurance and the prices that shall be charged to the Tenant, such concepts shall be added to the total price of the hire or paid in part to the insurer by means of a charge on account. (As appropriate)
5.3 These coverages are guaranteed and are assumed by the insurer with whom the lessor has taken out the corresponding insurance policy; they are subject to what has been agreed in the general and particular conditions of the same and to what is regulated by the legislation in force.
5.4 By signing the rental contract, the Tenant adheres as the insured to the aforementioned policy, of which there is a copy which can be consulted at the MOTOUR offices and which the Tenant claims to have read.
5.5 In mopeds the use of the Vehicle outside the urban area of Alicante will not be covered by this insurance; in the event that this paragraph is breached, the Lessee will be solely responsible for any damage that may result in the vehicle, the driver, the person of the second passenger, companion, third parties or the Leasing Company.
5.6 In any event, a maximum excess or liability shall be established at the expense of the Lessee, which shall accrue to and be paid to MOTOUR, when any of the insured events occurs.
5.7 The lessee is obliged to take out such insurance.
5.7.1 There shall be no excess or maximum liability for damage covered by the vehicle’s compulsory civil liability insurance.
5.7.2 For non-covered damages (theft, loss, total or partial damage to own vehicle) there will be an excess or maximum liability to be borne by the lessee, the rest will be borne by MOTOUR.
5.8 This maximum liability shall not apply if the Lessee does not duly complete the Accident report and, where appropriate, the corresponding accident or theft report, which must clearly include the details of the vehicles and drivers involved in the accident and the conditions and circumstances in which it occurred. Document that the Tenant must deliver to the Landlord duly completed within a maximum period of 48 hours (except in cases of force majeure), from the date on which the alleged insured occurred. In the event of failure to do so, the Lessee shall bear the full cost of the repair.
5.9 This maximum liability shall also not apply in the event of non-compliance by the Lessee with any of the conditions set out in Article 1 of these General Conditions.
5.10 In the cases referred to in sections 5.8 and 5.9 above, the lessee assumes full responsibility for the consequences thereof and shall pay MOTOUR for the full damages that such conduct may entail.
5.11 Damages of any kind suffered by the Lessor or third parties deriving from this article and the accrual of the abovementioned deductibles due to the occurrence of any of the insured events, authorise the Lessor to withdraw the Vehicle from the Lessee, to terminate the contract unilaterally and to invoice and collect from the latter, without prior notice to the Lessee, the duly justified amounts corresponding to the repair of said damages or to the receipt of said deductibles.
ARTICLE 6. UNINSURED RISKS.
6.1 As stated above, the rental price does not include the cost of any other insurance that may be advisable to take out (e.g. insurance against personal injury to the driver or theft is not included).
6.2 The hiring of this type of additional insurance not included, must be carried out, where appropriate, by the Lessee at his own cost. (Art.5)
6.3 The lessee assumes full responsibility for such uninsured assumptions and shall pay MOTOUR the total cost thereof if it directly or indirectly harms MOTOUR, without limit.
ARTICLE 7. MAINTENANCE AND REPAIRS.
7.1 The Hirer undertakes to PERSONATE with the vehicle at the Leaser’s premises every 1000 kilometres driven, unless otherwise specified in writing in the contract. Failure to comply with this rule will result in an additional fine of €50 payable by the lessee, in addition to the costs of repairing the vehicle caused by poor maintenance, in the event of triggering a breakdown.
7.2 Mechanical wear due to normal use of the vehicle is assumed by the lessor. In the event that the Vehicle is immobilised due to mechanical breakdown, the Lessee must contact the Landlord or the Roadside Assistance Company arranged by the Landlord, and only the latter. Only in cases of urgency and when expressly authorized in writing by the Landlord will charges be accepted on behalf of the said Assistance Company.
7.3 The Lessee shall periodically check and, if necessary, replace the engine fluid levels every 1,000 kilometres travelled.
7.4 The Lessee is not authorized to order the repair of the Vehicle unless expressly authorized in writing by the Lessor. In this case the Lessee must submit a detailed invoice for the repair carried out in the name of MOTOUR.
7.5 In the event that the rental is for a period of more than one month, the lessee must place the vehicle in the hands of the lessor every 30 calendar days or 1,000 km for routine inspection in the place where it has initially agreed to return it.
ARTICLE 8. FUELS.
8.1 The fuel consumed by the vehicle during the rental period is at the expense of the lessee.
The fuel tank must be returned at least as delivered and never in reserve. Otherwise 20€ will be charged in addition to the return of the Vehicle.
8.2 The Lessee shall refuel the Vehicle with the appropriate type of fuel for the Vehicle. Otherwise, the lessee will be responsible for the expenses incurred in moving and/or repairing any damage that may have occurred in the vehicle due to the use of improper fuel.
ARTICLE 9. BAIL / DEPOSIT.
The lessee must provide the lessor with a deposit of €300, €600 or €900 depending on the model of motorcycle chosen, the credit card number and a photocopy of the same. If the card is not your property, the owner’s ID and signature on the photocopy, in addition to appearing their data in the section of the contract that exists for it, to cover any damage that may suffer the lessor under this contract. With regard to the deposit, this amount shall only be returned to the Tenant when the Landlord proves that there is no concept to be deducted from it for other concepts by virtue of the provisions of these General Conditions.
ARTICLE 10. SUBSEQUENT ADDITIONAL RECOVERIES.
The additional amounts to be charged by the Landlord by virtue of the provisions of these General Conditions may be charged directly from the deposit or from the credit card account and in the event that these exceed the amount of the deposit, the excess may be charged by the Landlord directly to the credit card account deposited by the Tenant without the need for the latter to sign again. The lessee authorizes such transaction by signing this contract.
ARTICLE 11. AMENDMENTS TO THE RENTAL CONTRACT.
These General Conditions, as well as the other clauses of the rental contract, can only be modified by written agreement in a new contract and must be signed by both parties.
ARTICLE 12. COMPUTER PROCESSING OF PERSONAL DATA.
The Lessee is informed that his/her personal data collected in this contract are incorporated into MOTOUR files, which are necessary for the provision of the agreed service and administrative formalities in general, as well as for the sending of information on offers or contracting of products and other services that form part of the activity of the Leaser’s business. The addressees are the departments in which MOTOUR is organised and those entities or bodies whose transfer is compulsory by law, as well as those with which MOTOUR has collaboration agreements and the communication and/or transfer of data is necessary for the maintenance of the agreement. In any case you will be able to exercise your rights of opposition, access, rectification and cancellation, in the scope recognized by the Organic Law 15/1999 of the 13 of December, of protection of Information of Personal Character, going to our offices of Alicante contributing a request in writing and photocopy of the DNI.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION.
13.1 This contract shall be governed by and construed in accordance with the laws of the country in which it is signed.
13.2 Questions arising from this contract between the Landlord and the Tenant are within the jurisdiction of the Spanish courts and tribunals of Alicante, to which both parties submit.
ARTICLE 14. ANNEX QUANTIFICATION OF DAMAGE:
In order to facilitate their quantification, the damages caused to the rented vehicles are divided, for the purposes of their charge and with a specific character per unit and without prejudice to the application of the penalties described in these General Conditions, into the following five categories:
Category 1: 50€ + 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 carpet, loss of documentation, loss of a key or several keys, whether or not there are spare parts in the shop, broken mirror(s).
Category 2: 100€ + VAT per unit
Missing rear-view mirror(s), broken lights, flashing lights or headlights, puncture in an unrepaired wheel, slight damage to the brakes, serious damage to a panel or plate, broken or missing support, blow to the exhaust pipe, breakage or loss of the starter leg or any of the trestles.
Category 3: 200€ + VAT per unit
Severe brake damage, slight damage to several panels, wheel badly damaged, seat or lock broken, damaged or missing, briefcase broken, damaged or missing, clutch broken or missing.
Category 4: 300€ + VAT per unit
Wheel seriously damaged or missing, damage to the handlebars, damage to the cushioning, serious damage or disappearance of luggage racks, missing seat, having refuelled with another type of fuel other than the one consumed by the motorcycle.
Category 5: In motorcycles of 49 cc 1500€ + IVA, motorcycles of 125cc 2500€ + IVA and motorcycles Premium 4000€ + IVA.
Damage to the steering column, serious damage to the motorcycle, stolen or missing motorcycle, irreparable damage to the motorcycle, motorcycle broken due to leaving the motorway/highway, misuse of the vehicle, revisions not passed or out of time or breach of contract or rules.
These damages will be paid in full the same day of the return of the motorcycle, either in cash, credit card, deposit or by bank transfer. Items will not be accepted as part or form of payment.
The company reserves the right to change/modify or delete the above prices at any time and without prior notice.
ARTICLE 15. RENT WITH OPTION TO BUY.
1) Lease with option to purchase (AOC) is an offer that only the company can offer, modify, vary or delete when you want, must be specified in the contract or invoice, in addition to appearing the stipulated time and amount to pay. In order to access this option, it will be obligatory to leave a minimum of one month’s deposit which will not be returned if any clause is breached or if the present contract is cancelled and which may finally serve to change the name.
2) The buyer, with his signature, understands that during the rental period the motorcycle remains the property of MOTOUR and only once the payment of all the monthly instalments has been completed during the agreed period, will the owner change. At the end of the rental contract, the motorcycle will automatically be uninsured, a fact that is fully known to the buyer.
3) The buyer will not be able to replace or change the motorcycle that he has chosen to rent, for another one for the purchase, having to remain obligatorily, with the motorcycle that he has been using during the period of renting, accepting its state and assuming all the expenses that it can generate.
4) The money given during the rental period must be used only for the purchase of the rented motorcycle, never for any other purchase or rental. It will not be returned under any circumstances.
(5) During this lease period, the same clauses of Article 7 of this contract shall not be maintained. MOTOUR will only take care of the basic maintenance (oil, spark plug…) never of the rest of the repairs that may arise during the rental period or out of warranty. MOTOUR is only responsible for warranty repairs if the customer has complied with their periodic inspections.
6) The warranty of the motorcycle will be two years from the date of first registration, the bases of the warranty will be available on MOTOUR upon request.
7) In the event that before meeting the agreed time for the purchase of the motorcycle, the customer decides not to go ahead with the Rental Purchase Option, will not be refunded, under any circumstances, the money for rental, servicing or repairs and all damage to the bike must be paid by the customer. In the event that due to an accident, fall or breakage, the vehicle needs to be repaired, the customer is obliged to pay for the repair of the motorcycle in full. A repair estimate will be made and you must pay at least 50% of the total before starting to repair it.
8) If, on the other hand, MOTOUR decides not to sell the vehicle, it undertakes to replace the motorcycle with another of similar characteristics.
9) The payment will be made on the day “x” of each month, agreed in the contract by both parties. It can be made in cash or in a bank account, previously agreed. A delay or delay in payment without notice, involves the withdrawal of the motorcycle without compensation, the increase in the monthly payment or complaint of misappropriation, according to Article 4.4, losing any right to purchase on any vehicle. In addition to having to pay in the event, the additional days you have enjoyed the bike. An estimate will be made between the amount you paid monthly and the number of extra days. This payment does not exempt from paying the corresponding fines for non-payment or delay.