Motorcycle rental. General conditions.
1. OBJECT. Through this Contract the lessor places at the disposal of the lessee a motorcycle (onwards, the “Vehicle”), as detailed in the Rental Card that forms part of this Contract.
2.- DELIVERY. The lessor delivers this act and the Vehicle to the lessee with the model, trademark, registration and other details that are indicated in the attached Rental Card, in perfect mechanical condition. The external elements of the same will be reviewed in the presence of the lessee in order to verify the non existence of possible scratches or blows that may have otherwise specified, any existing issues will be included in the Rental Card and can not be claimed from the Renter in the return. Although, the Lessee expressly accepts to be responsibility for any other damage that the Vehicle may present at the time of the return, once the Rental is finished.
3.- RETURN. The Lessee will return the Vehicle at the address, date and time indicated by the Lessor on the Rental Card, in the same conditions in which it was received, except for the normal wear of the correct use of this. The delay in delivery will cause the charge of sixty euros (€ 60) per hour, calculable by fractions of a minute. In no case shall the Lessor return any amount of the rent if the lessee returns the Vehicle before the set time. If for justified reasons, among those that are exemplary, but not limiting, the misuse of the vehicle, the lessor will request the lessee an early return he/she will agree to return it as soon as requested to do so, waiving any claim for the rights of rental. The police will be reported and any stolen vehicle will be considered stolen after a period of two (2) hours counted from the time initially set or the time required by the Lessor. If the Tenant circulates with an expired contract and without the authorization of the Lessor, the contracted insurances will automatically be suspended, being the Lessee the only responsible of any damage or claim from that moment.
4.- MECHANICAL WARRANTY. If for mechanical reasons the Vehicle can not finish the rental period, the Lessee understands that the reason for the failure has been for reasons beyond the control of the lessor, without the latter acting in bad faith, so the lessor will only be responsible for reimburse the rent amount not used. In any case, the lessor may substitute the damaged Vehicle for another, paying or charging the Renter the amount for the rental difference of the model, accepting the Renter’s resignation to any other type of claim. If the Vehicle is immobilized due to mechanical failure, the Lessee must contact the roadside assistance company arranged by the Lessor, and only with it. Only charges for the account of a third party to said assistance company will be accepted in cases of emergency and when the lessor has previously authorized it.
5.- CONDITIONS OF THE DRIVER. The Renter, as driver of the Vehicle, and the authorized driver, affirm to have the age required by the Lessor to drive the rented Vehicle, that is, an age superior to 25 years, as well as sufficient experience to drive it. In this sense they claim to have a valid driving license in Spain to drive this type of vehicle. Only the following will be considered as valid driving licenses in Spain: those issued in accordance with Spanish legislation in force, those issued by the Member States of the European Union and those issued on an international basis by third countries that are recognized in Spain. The Renter and authorized driver undertake to comply at all times with current legislation.
6.- ASSIGNMENT OF THE VEHICLE. The Renter may not assign the use of the Vehicle to third parties, unless prior and express consent of the Lessor that must be reflected by including them as additional drivers in the Rental Card. In this case, the Lessee shall always be solely liable to the Lessor and third parties for the damages that may be caused in and with the Vehicle, regardless of who conducted it at the time they were generated.
7.- USE OF THE VEHICLE. The lessee agrees to:
a) Do not transport people or merchandise, when this implies directly or indirectly subleasing the Vehicle.
b) Not to allow the Vehicle to be driven by persons other than the Renter or to those expressly authorized in the Rental Card, even if the general requirements are met.
c) Do not drive the vehicle in altered physical conditions motivated by fatigue, illness or the effects of alcohol or drugs.
d) Do not use the vehicle to tow or push other vehicles or trailers.
e) Not participate with the vehicle in any type of sporting events, races, training of any kind, official or not, or in endurance tests of accessory materials or products for motorcycles or mopeds.
f) You can not make any intervention, modification, manipulation, repair or replacement of any part or accessory of the Vehicle, without the express and prior approval of the Lessor, the breach by the Renter will result in paying the costs of reconditioning the Vehicle to its original state and pay an amount in compensation for immobilization of the Vehicle.
g) Do not circulate outside the scope of circulation established in Stipulation 9 of this contract.
h) Do not transport in the Vehicle any type of flammable, dangerous, radioactive, toxic or harmful goods.
i) Do not transport merchandise that exceeds the weight, quantity or volume authorized in the vehicle registration or technical card.
j) Not to travel outside the road network, or on unpaved roads or roads not suitable for traffic that may cause damage or any type of damage to the Vehicle.
k) Do not transit in ports or airports.
l) Park the Vehicle in suitable and safe places when is not being used, using the security locks provided by the lessor and keep the documentation with it at all times.
m) Monitor the levels of oil, hydraulic fluids, coolant and tire pressure according to the instructions of the Landlord.
n) Stop the vehicle as soon as possible when any warning light indicates an anomaly in the operation of the vehicle, and contact the Lessor as soon as possible by calling the telephones indicated in the heading.
o) Especially important is the warning to only refuel unleaded gasoline. Refueling with Gas-oíl (diesel) causes serious damage to the Vehicle, which will be borne by the Renter, with the Bail locked until the repair is invoiced. Likewise, in the event of refueling other than unleaded gasoline, the Renter must pay the amount of three (3) additional days of rent in concept of loss of income incurred by the lessor, with a minimum of TWO HUNDRED EUROS (€ 200).
p) Not attend motorcycle rallies.
8.- MISUSE OF THE VEHICLE. Any action that contravenes the traffic regulations, the specifications of the vehicle manufacturer and the instructions of the Lessor will be considered a misuse of the Vehicle. The abnormal wear, checked by the Lessor, of the mechanical parts of the Vehicle, especially tires, will be considered a misuse of the Vehicle and will be charged to the Tenant.
9.- CIRCULATION SCOPE. The Renter undertakes not to drive the Vehicle outside the limits of the province in which it is delivered; and not to exceed the indicated kilometers according to the model in the Current Rate.
10.- IN CASE OF ACCIDENT. The lessee undertakes to immediately report any incident to the company and to transmit immediately to it any letters, subpoenas or notifications that refer to said loss and to provide full collaboration with the company and the insurer in the investigation and defense of any claim and process. a) Immediately contact the Insurance Company and then the lessor to report what happened.
b) Obtain the complete information of the opposing party, completing the form delivered together with the documentation of the Vehicle, which will be sent urgently to the Lessor, notifying by telephone in the cases of a serious accident.
c) Notify the authorities immediately if there is liability of the opposing party.
d) Not abandon the Vehicle without taking the appropriate measures to protect it and safeguard it.
11.- DAMAGE TO THE VEHICLE. The Renter undertakes to cover with the deposited bond any type of damage that occurs in the Vehicle during the rental period, both in circulation and in parking. The Lessor may retain the part of the bond that it deems appropriate to cover the repair. Once this is completed, it will present the corresponding invoice to the lessee, paying the part of the remaining deposit, if any. In the event that the reparation is superior to the bond and safe the eventual coverage of the insurance, the Lessee will be the only responsible for these, and the lessor will be able to exercise the judicial, civil or criminal actions that he considers appropriate.
12.- LOSS OR THEFT OF THE VEHICLE. As in the case of an accident, in case of theft or total or partial loss of the Vehicle, the Lessee undertakes to immediately notify this to the lessor, on the mobile phone indicated in the heading and to provide full cooperation with the Landlord and with the insurance company in the investigation and defense of any investigation or process. If the vehicle is stolen or lost due to the negligence of the lessee, the latter will be responsible, and will pay the lessor the market value, according to the tables of the Ministry of Finance, without this implying a waiver by the lessor to execute the legal actions civil and / or criminal that it deems appropriate against the lessee. If the Vehicle is recovered, the lessee will be responsible for all the expenses that cause its revision and / or repair, as well as the loss of profit in which the lessor incurs according to the rates of the moment that the renter knows. If the cause of the theft is not due to the negligence of the lessee, the latter will only be responsible for the amount of the deposit deposited. In either case, the rental agreement will be considered canceled, without the renter being entitled to any refund. In the event that the theft occurred on any of the accessories or parts of the Vehicle, the lessee shall be liable for the theft and shall indemnify the lessor for the official price of the manufacturer’s price of the stolen piece or accessory plus the cost of the hand of work invoiced by the corresponding workshop.
13.- DAMAGES OF THE OCCUPANTS AND THEIR ASSETS. The lessee and its occupant exempt the lessor from all liability for any damage they may suffer, both physical and material derived from normal or abnormal use of the leased Vehicle. Expressly declare to know the risks that the use of the Vehicle can produce. Likewise, the lessee relieves the lessor of all responsibility for loss or damage that occurs in objects left or transported in the Vehicle by the lessee or by any other person, or on their clothing, either during the term of the contract or after the return of the Vehicle. The renter must travel with the appropriate regulatory equipment and required by the competent authorities.
14.- FUEL. Fuel is not included in the rental price. The lessor will deliver the Vehicle with the full fuel tank. Likewise, the Renter will return the Vehicle in the same way. If on the part of the Renter the Vehicle with less gasoline is delivered, the Lessor will charge the proportional part that is missing from the deposit, plus expenses of TEN EUROS, (10€) for the costs incurred by the lessor.
15.- FINES AND OTHER CHARGES. The lessee agrees to pay all fines for any infringement of the current and applicable legislation, especially the one related to the traffic code and transport regulations that are imposed, as well as the expenses derived from the withdrawal of the public road from the Vehicle, by the police authorities. In case of fines that require the identification of the driver, the lessor will notify, to the competent authorities, exclusively the identity of the lessee. The lessee shall be responsible for the judicial and legal defense costs incurred by the lessor arising from accidents or illegal conducts by the lessee and / or his companions, as well as the amount of the days in which the lessor can not freely dispose of the Vehicle due to seizure, damage or damage caused to it during the lease attributable to the Lessee.
16.- INSURANCE. The lessor will deliver the Vehicle covered by an insurance policy. The Vehicle is covered by a third party insurance policy (mandatory and voluntary civil liability, legal defense and roadside assistance). The lessee, will accept to take charge of the own damages until arriving at the value of market according to the tables of the Ministry of Property. The lessor has a copy of the insurance policy available to the lessee.
17.- LOSS OF KEYS, PADLOCK OR HELMETS. The loss of the keys or the padlock of the Vehicle will be charged on the deposit deposited by the lessee in the amount of the cost of the original key of the manufacturer plus the amount of one hundred euros (€ 100), for the expenses incurred to the lessor.
18.- RENTAL PRICE AND CHARGES PER CARD. The rental price, as well as the deposit of deposit are determined by the General Tariff Valid, made available to the lessee, plus the corresponding taxes at each time, and must be paid in advance by the lessee. In no case may the deposit be used for an extension of the rent. The payment of these amounts must be made by credit or debit card.
19.- LIMIT OF MILEAGE
• Limit of mileage of 100 km per day for Range A (125cc scooter)
The charge for having exceeded the mileage limit is € 0.1 / additional kilometer for motorcycles up to 125 cc. And € 0.2 / additional kilometer for bikes over 125cc.