Our general conditions for motorcycle rental are classified into several sections.
- The Lessee undertakes to use and drive the Vehicle in accordance with the basic driving and circulation rules, and in accordance with the specifications for use of the type of Vehicle.
- The Renter agrees not to use the Vehicle and / or not to let it be used in the following cases
- Paid passenger transportation.
- Pushing or towing any vehicle or any other object, rolling or not.
- Participate in competitions, official or not; as well as carrying out resistance tests of materials, accessories or products (unless expressly authorized by the Lessor).
- Driving the Vehicle under the influence of alcohol, narcotics or any other type of narcotic substances.
- Transportation of goods that violate the Law or current legal provisions, or for illegal purposes.
- Transportation of passengers in a number greater than that authorized and indicated in the Vehicle Permit and / or Technical Inspection Sheet of the Vehicle.
- Transport of goods in weight, quantity and / or volume greater than that authorized in the Circulation Permit and / or the Vehicle Technical Inspection Sheet.
- Transport of flammable and / or dangerous goods, as well as harmful and / or radioactive toxic products.
- Transport of live animals (except for pets and / or companion animals, with prior authorization from the Landlord).
- With roof rack, luggage rack or similar other than the one supplied by the Lessor.
- Only the person or persons identified and accepted by the Renter in the rental contract and / or any annex to it are authorized to drive the Vehicle, on the condition that they have reached 16 years of age in the case of 50 cc or 21-year-old vehicles. in the case of vehicles of more than 50 cc and they are holders and are in possession of a valid and in force driving license. Specifically, tenants must have previously the mandatory administrative authorization (Permit and License), and must exchange driving licenses issued abroad when provided for by current legislation. The lessee will be obliged to show the aforementioned documentation to the lessor before formalizing the rental contract.
- The Lessee undertakes to keep the Vehicle closed when not in use (through the use of the devices that the Lessor provides for this purpose) and to keep its documents.
- The Lessee agrees to have the vehicle properly parked and guarded when not in use.
- The Lessee is expressly prohibited from assigning, renting, mortgaging, pledging, selling or in any way giving as guarantee: The Vehicle, the rental contract, the keys, the documentation, the equipment, the tools and / or the accessories of the Vehicle and / or any part or piece thereof; or treat the foregoing in a way that damages the Landlord.
- It is the Renter’s obligation to stop the Vehicle as soon as possible when, while it is running, the instruments or any of the witnesses that detect an anomaly in the operation of the Vehicle light up or when it perceives external signs that indicate a breakdown or malfunction of the same. In this case, the Lessee must contact the Lessor or the Roadside Assistance Company arranged, where appropriate, by the Lessor, and only with the latter. Charges will only be accepted on behalf of the aforementioned Assistance Company in urgent cases and when the Landlord has expressly authorized them.
- The use of the vehicle outside the urban area or on the motorway / highway is prohibited. Outside this area of the city or on the motorway, you are not covered by the mandatory civil liability insurance. In the event that this section is breached, the Renter will be solely responsible for the damages that may arise in the vehicle, in the driver himself, in the person of the second passenger or companion or in third parties or in the Lessor.
- The Renter can choose to pay an extra insurance that covers ALL RISK WITH A FRANCHISE OF 400 EUROS as long as he stays in national territory. In this case, article 1.8 does not apply.
- The transport of the Vehicle on board of any type of boat, train, truck or plane is not allowed (unless expressly authorized in writing by the lessor).
- Damages of any kind that the Lessor may suffer due to the breach of the conditions contained in this article and / or due to use different from the one agreed by the Lessee, authorize the Lessor to remove the Vehicle from the Lessee and to bill and collect from the latter, prior written communication to the Lessee 5 days in advance, the duly justified amounts corresponding to the repair or other expenses derived from said damages.
- The Lessor delivers the Vehicle to the Lessee in apparent good working order and good exterior and cleanliness, and having passed the Lessor’s internal controls; and with all its tires in good condition and without punctures.
- As an exception to the provisions of article 5 of these General Conditions, in case of deterioration, damage, theft and / or loss of any of the tires, the Renter undertakes to immediately replace them, at his own expense, with other tires of identical characteristics. and same make and model.
- The Lessee is expressly prohibited from changing any technical characteristics of the Vehicle, the Vehicle keys, the vehicle equipment, the tools and / or accessories of the Vehicle, as well as making any modification to its exterior and / or interior appearance (unless expressly authorized in writing by part of the Landlord).
Price, duration and extension of the rental
- The rental price is the one expressed in the rental contract and is established based on the General Current Rate (in relation to services, taxes and fees) and the initial price agreed with the Renter at the time of the rental, according to the selected rate.
- The rental price does not include the insurance costs (nor the compulsory civil liability insurance of the vehicle, nor the insurance of theft / loss / damage to own vehicle, nor other insurances). To contract these insurances you must observe what is said in articles 5 and 6 of these General Conditions and the General Current Rate and the initial agreed price and the selected insurance rate.
- The duration of the rental will be that agreed in the contract, and is billed based on periods of twenty-four hours, counted from the time it was formalized. There is a courtesy period of 59 minutes, after which an additional day of rental will be billed and an additional fine of 50 euros payable by the Renter for each day that passes. If the Renter does not return the vehicle on time, the rental contract will be understood to be tacitly extended if the Lessor does not oppose it, accruing the corresponding rental price amounts for each day that passes plus the additional fines established for each day that passes without the Lessee formalizing the corresponding documents for the extension of the contract with the Lessor.
- In the event of an extension agreed upon by both parties in the contract, or for the return of the vehicle after the deadline for any reason, the applicable price will be that indicated in the General Rate in Force.
- In no case the amount deposited or guaranteed paid at the beginning of the rental may be used for an extension of the same. In the event that the Lessee wishes to keep the vehicle for a period longer than that initially agreed, the latter undertakes to obtain prior express authorization from the Lessor and to immediately pay the amount of the additional deposit for said extension.
- The Lessee undertakes to return the vehicle to the Lessor on the scheduled date and time and in the place agreed in the rental contract. The return of the Vehicle in a place other than the one initially agreed upon, upon acceptance by the Lessor, will imply an additional fine of 50 euros payable by the Lessee.
- The service is only considered finished once the Vehicle and its keys have been delivered to the Lessor during office hours.
- The Lessee agrees to pay the Lessor:
- The amount resulting from the application of the General Current Rate and the initial price agreed in the rental contract according to the selected rate, corresponding to duration, insurance, additional equipment and complementary services, according to the stipulated conditions, as well as the applicable taxes and fees. .
- The amount that derives from the provisions of article 5 of these General Conditions and the General Current Rate (in relation to insurance) in terms of rental prices and in terms of excess or maximum liability in the event that it happens any of the alleged insured.
- The amount of compensation in respect of immobilization of the vehicle for any circumstance, provided it is through the fault of the Lessor, estimated in its case according to the number of days necessary for the repair of the Vehicle, based on the corresponding invoice and calculating one day for every eight hours of work. To calculate this amount, the daily occupancy rate contracted will be used as a basis. In the case of theft or loss, the lessee will only pay the Lessor the amount of one rental day in addition to the corresponding amount according to the provisions of article 5 of these General Conditions (in terms of rental prices and in terms of franchise or liability maximum).
- The amount of the transfer and / or repair of damages to the Vehicle caused by the use of improper fuel, in contravention of the provisions of article 8 of these General Conditions. The calculation of said amount will be carried out in accordance with the previous section.
- The amount corresponding to the fines or penalties corresponding to complaints for any violation of current legislation, especially that relating to the Traffic Code and Road Safety Law, which the Renter may incur as a result of the use of the Vehicle that is the subject of the rental contract, as well as the corresponding surcharges for the delay in payment by the Lessee and the judicial or extrajudicial expenses that the Lessor may have incurred as a consequence of the foregoing.
- The amount of 50 euros in the event that an employee of MOTOS I BICICLETAS PRATS S.L. must go to a municipal depot to recover the vehicle that was withdrawn due to the responsibility of the renter.
- The amount that, for any circumstance, could be derived from the circumstance of the Lessee having caused damages to third parties or to the Lessor himself and even if he is insured. In the event that it was already insured, when the lessor receives from the insurer the amount of the loss or damage, it will return to the tenant what it would have charged for such concept.
- Payment of the amounts outlined in section 4.1 above must be made by credit card or in cash. In the latter case, it will be in the currency accepted by the Lessor, and according to the market change at the time of billing, plus an additional 3% management fee in cases where payment is made in foreign currency.
- In the event that the Lessee does not make the referred payments within 24 hours after they were accrued, the Lessor may deduct them from the bond or deposit and claim them through judicial or extrajudicial means without further prior processing.
Obligatory vehicle insurance, theft, loss and damage to own vehicle
- As has already been said, the rental price does not include the compulsory vehicle liability insurance, nor that of theft, total or partial loss, damage (or any other prejudice) suffered in your own vehicle (or in your luggage, merchandise or personal objects transported in the vehicle), for any circumstance (either due to vandalism or traffic accident).
- The cost of contracting these compulsory civil liability insurance and the insurance of theft, total or partial loss, damages suffered in own vehicle, will be paid separately and their contracting by the Renter, where appropriate, must be done expressly choosing the insurance and The prices charged to the Lessee for such concepts will be added to the total rental price.
- These coverages are guaranteed and are assumed by the insurer with whom the Lessor has arranged the corresponding insurance policy; and are subject to what is agreed in the general and particular conditioning of the same and to what is regulated by current legislation.
- By signing the rental contract, the Lessee adheres as the insured to the aforementioned policy, of which there is a copy that can be consulted at all the offices of the LESSOR, which the Lessee claims to have read.
- In any case, a franchise or maximum liability is established by the Lessee that will accrue and must be paid to the LESSOR when any of the alleged insured occurs.
- The lessee has the obligation to contract SUCH INSURANCES.
- For the damages covered by the compulsory civil liability insurance of the vehicle, there will be no excess or maximum liability.
- For damages covered by other risks (theft, loss, damage to own vehicle) there will be a maximum excess or liability payable by the Renter of 400 euros.
- This maximum responsibility will not apply if the Renter does not properly complete the Accident part and, where appropriate, the corresponding accident or theft report, where the data of the vehicles and drivers involved in the accident and the conditions and circumstances in which it occurred. Document that the Lessee must deliver to the Lessor duly completed within a maximum period of forty-eight hours (except in cases of force majeure), from the date on which the alleged insured occurred.
- This maximum responsibility will not be applied either in the event of non-compliance by the Renter of any of the conditions included in article 1 of these General Conditions.
- In the cases set out in the previous sections 5.7 and 5.8, the lessee assumes full responsibility for its consequences and will pay the LESSOR. the full damages that such conduct could cause.
- The damages of any kind that the Lessor or third parties may suffer derived from this article and the accrual of the aforementioned franchises due to the occurrence of any of the insured assumptions, authorize the Lessor to withdraw the Vehicle from the Lessee, terminate the contract unilaterally and bill and collect from the latter, without prior written communication to the Lessee, of the duly justified amounts corresponding to the repair of said damages or to the receipt of said franchises.
- As has already been said, the rental price does not include the cost of other insurance that might be advisable to take out (they are not included in article 5 above, for example, personal injury insurance for the driver himself). Only the compulsory civil liability insurance that covers damage to third parties and the theft insurance, total or partial loss, damages suffered in your own vehicle is included.
- The contracting of this type of insurance not included in the previous article must be carried out, where appropriate, by the Renter himself at his own expense and separately.
- The lessee assumes full responsibility for such uninsured cases and will pay the LESSOR. the total cost that this entails if it damages it directly or indirectly, without any limit.
- The damages of any kind that the Lessor or third parties derived from this article may suffer due to the occurrence of any of the uninsured cases, authorize the Lessor to withdraw the Vehicle from the Lessee, terminate the contract unilaterally and bill and collect from the latter, without prior notification by in writing to the Lessee, the duly justified amounts corresponding to the repair of said damages or to the receipt of said franchises.
Maintenance and repairs
- The lessee agrees to PERSONALIZE with the vehicle at the Lessor’s establishment every 500 kilometers traveled for a REVIEW of the vehicle. Failure to comply with this rule will imply an additional fine of 50 euros payable by the Lessee.
- Mechanical wear due to normal use of the vehicle is assumed by the Lessor. In the event that the Vehicle is immobilized due to mechanical failure, the Renter must contact the Lessor or the Roadside Assistance Company arranged by the Lessor, and only with the latter. Charges will only be accepted on behalf of the aforementioned Assistance Company in urgent cases and when the Landlord has expressly authorized them.
- The Lessee must periodically check, and replace if necessary, the engine fluid levels every 1,000 kilometers traveled.
- In case of replacement of liquids, the Lessee must present the corresponding invoice, the amount of which will be deducted from the final rental price.
- The Lessee is not authorized to order the repair of the Vehicle, unless expressly authorized by the Lessor. In this case, the Lessee must present a detailed invoice for the repair carried out.
- In the event that the rental is for a period of duration greater than one month’s payment, the lessee must put the vehicle in the possession of the Lessor every 30 calendar days for its routine inspection at the place where the return of the same is initially agreed upon.
- The fuel consumed by the Vehicle during the rental period is for the Renter’s account.
- The Lessee must refuel the Vehicle with the type of fuel suitable for it. Otherwise, the Lessee will be responsible for the expenses incurred by the transfer and / or repair of the damages that could have been produced in the Vehicle due to the use of improper fuel.
- The Renter agrees to return the Vehicle with the same level of fuel. Otherwise, you will be billed the one that is missing plus an additional charge for refueling service; the amount of said additional charge is that established in the General Current Rate.
The Lessee must make available to the Lessor a deposit as a guarantee of 300 euros to cover any damage that the Lessor may suffer derived from this contract. Said amount will only be returned to the Lessee when the Lessor verifies that there is no concept whatsoever to deduct from it for other concepts by virtue of the provisions of these General Conditions.
Subsequent additional charges
The additional amounts that the Lessor must collect by virtue of the provisions of these General Conditions may be charged directly from the deposit and in the event that these exceed the amount of the deposit, the excess may be charged by the Lessor directly to the account of the credit card consigned by the Renter without the need for him to sign again. The lessee authorizes said operation by signing this contract.
- If the tenant cancels his reservation more than 7 days in advance, the landlord will refund the amount paid, deducting 10% for administration costs.
- If the tenant cancels his reservation less than 7 days in advance, he will receive a voucher from the lessor on the amount paid, valid for one year.
- If the cancellation of the reservation occurs without notice, the lessor will not make any refund.
Modifications to the rental agreement
These General Conditions, as well as the other clauses of the rental contract, may only be modified by means of a written agreement signed by both parties.
Computer processing of personal data
The Lessee authorizes the automated processing of the personal data collected in this contract, necessary for the provision of the agreed service, as well as for the offer and contracting of other products and other services of the Lessor. The Lessee is informed of the right to access, rectify and, where appropriate, cancel their personal data by means of a written request addressed to the LESSOR. Likewise, the Lessee gives his consent for the Lessor to transfer their data to group companies, their franchisees or others with which the Lessor transfers their data to group companies, their franchisees or others with which the Lessor concludes collaboration agreements. for the best provision of the vehicle rental service, located in Spain or abroad, respecting Spanish legislation on the protection of personal data.
Applicable law and jurisdiction
- This contract will be governed and interpreted in accordance with the laws of the country in which it was signed.
- The issues that arise as a result of this contract between the Lessor and the Lessee are the competence of the Spanish courts and tribunals corresponding to the city where the contract was signed, to which both parties submit.
Damage quantification annex
To facilitate their quantification, the damages caused to the leased vehicles are divided, for the purposes of their position and specifically, and without prejudice to the application of the penalties described in these General Conditions, into the following four categories:
- CATEGORY 1– 100 euros will be charged.
Mirror broken or missing. Broken lights / reflectors. Puncture in the wheel. Damaged or missing helmet. Scratches on a panel. Brake damage. Loss of padlocks. License plate missing. Loss of the mat. Loss of motorcycle documentation. Support broken or missing. Loss of a key / keys. Motorcycle returned late (in addition to the rental price).
- CATEGORY 2– 200 euros will be charged.
Serious damage to a panel. Knock on the exhaust pipe. Serious brake damage. Damaged seat.
- CATEGORY 3 – 400 euros will be charged.
Wheel badly damaged or missing. Serious damage to multiple panels.
- CATEGORY 4– 800 euros will be charged.
Damage to the steering column. Serious damage to the motorcycle. Stolen or missing motorcycle. Irreparable damage to the motorcycle. Through this contract, the Lessee agrees to pay the amounts in this list for each damage produced in the cases indicated.