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Rental conditions of Hispania Motorcycletours SL 

These rental conditions are part of the motorcycle use contract between Hispania Motorcycletours SL(lessor) and the customer (lessee). Deviating or supplementary written agreements remain reserved. 

1. rental 

1.1) The renter and therefore responsible for the motorcycle is the person who is listed as the renter in the rental agreement and has signed it, regardless of who booked the motorcycle and/or paid the rental fees. 

1.2) The subject of the contract with the Lessor is exclusively the temporary transfer of the booked motorcycle and other items booked with the Lessor in connection with the motorcycle rental (GPS, motorcycle equipment, etc.). 

1.3) The rental rate includes a free mileage of the motorcycle of 300 km per rental day (unless otherwise agreed), as well as liability insurance and comprehensive insurance with an excess of € 3.000,- . Fuel costs are not included in the rental price. Each additional kilometer is charged with € 0.35/km. 

1.4) Only the tachometer is decisive for the calculation of the kilometers driven. In case of a failure of the tachometer or a damage of the sealing, the lessor has to be informed immediately. If this notification is not made or not made immediately, the lessor is entitled to charge a distance of 500 km per rental day. 

1.5) The shortest possible rental period is 3 days. The pick-up and return of the rental vehicles can also take place on weekends by prior arrangement. 

1.6) Customers intending to ride a motorcycle provided by Hispania Tours must be at least 25 years old and have a valid driver's license. Customers must also prove that they have at least 2 years of experience in operating a motorcycle of similar or larger size than the motorcycle provided by Hispania Tours. 

2. duties and liability of the lessor 

2.1) The Lessor hands over the motorcycle in perfect, cleaned, operationally safe and roadworthy condition as well as with undamaged seals of various components. In addition, the renter receives the vehicle documents and the tools. 

2.2) The Lessor shall only recognize previous damage if this is recorded in writing in the rental agreement at the time of handover. 

2.3) If a repair becomes necessary during the rental period through no fault of the Lessee in order to ensure the operation or road safety of the motorcycle, the Lessee may commission an authorized workshop of the vehicle manufacturer up to a repair amount of € 150. The original repair cost receipts must be submitted to the lessor. If the expected repair costs exceed € 150, -, the consent of the lessor must be obtained before placing the order. 

2.4) If the motorcycle becomes unroadworthy during the rental period due to a technical defect, the Lessor will provide an equivalent or comparable motorcycle. If this is not possible, the Lessor will refund to the Lessee the rental price for the rental days not yet consumed. There is no further claim. 

2.5) The Lessor will try to provide the Lessee with the booked vehicle model, but reserves the right to replace it with a comparable vehicle model in case of an unforeseeable situation, such as technical defect, accident, theft or similar. If the Lessor is not able to provide a comparable vehicle model, the Lessor will reimburse the Lessee for the difference in the rental price to the booked vehicle model. There is no further claim. 

2.6) The liability of the Lessor for non-performance and delay shall be limited to twice the rental price. Further claims, for whatever legal reason, are excluded, unless the damage of the tenant is based on intent or gross negligence of the landlord. 

2.7) Hispania Tours is happy to offer assistance to customers who require a parcel service or postal service for personal suitcases or packages between our rental stations. This parcel service is performed by an independent company that does not belong to Hispania Tours. The rental company only mediates between the client and the parcel service. Thus, Hispania Tours does not assume any responsibility for late deliveries. In case of loss, damage or delays that happen during the shipment of the material, the Client must make his own complaint to the parcel service provider and release Hispania Tours from any liability. 

3. duties of the lessee 

3.1) The Lessee shall handle the motorcycle with care, in particular observe the technical regulations and operating instructions and ensure road safety. 

3.2) Oil, water level, tire pressure, tire profile as well as the correct tension of the drive chain are to be checked regularly by the renter during the rental period. 

3.3) The renter has to observe the legal regulations, especially the road traffic laws. He is liable for all administrative fines, penalties and fines based on his use of the motorcycle. The lessor is free to charge a handling fee of € 30,- per penalty. 

3.4) The Lessee is in particular prohibited from: 

a) to let the motorcycle to other than authorized drivers named on the rental contract; 

b) to give the motorcycle to such an authorized driver if the latter has been banned from driving or is not in possession of a valid driving license or is unfit to drive; 

c) to use the motorcycle if he himself has been banned from driving or is not in possession of a valid driving license; 

d) to use the motorcycle in an unroadworthy condition; 

e) use the motorcycle for commercial purposes; 

f) participation in motorcycle events of any kind, including the associated practice rides; 

g) use the motorcycle off paved roads or on the beach; 

h) to pledge, sell or otherwise dispose of the motorcycle or its parts, equipment, accessories and documents in a way that may harm the Lessor in its right as owner or any other right that the Lessor has in the motorcycle; 

i) park the motorcycle on public roads during the night time (22.00 to 06.00). In any case, the motorcycle must be locked with the steering wheel lock and the enclosed brake disc lock when parked; 

j) to use the rental vehicle for trips to non-European countries such as Morocco without the express written consent of the Lessor; 

k) the Lessee may not make any technical changes to the vehicle; 

l) the renter is not authorized to change the appearance of the vehicle, this includes in particular painting, stickers or adhesive foils. The Lessor is free to charge a corresponding cleaning fee in this case. 

4. liability of the tenant for damages 

4.1) From the moment of taking over until the return of the motorcycle, the Renter is liable to the Lessor also for slight negligence, regarding loss (also loss or confiscation of the motorcycle) and for all damages (such as accident or operational damages, damages as a result of improper handling and depreciation damages) that occur to the motorcycle beyond normal wear and tear during the rental period. The renter is exclusively responsible for any tire damage (puncture) occurring during the rental period. The replacement of the damaged tire is to be carried out at the expense of the renter, even if the damage is not detected until the return of the motorcycle. 

4.2) The renter is fully liable for damages caused by driving off-road. For damages caused by improper use, he is also liable in full. Also in case of obviously ascertainable, disproportionately high wear (tires / clutch) due to improper use (e.g. "burn-outs") the renter is liable for damages in the full amount of the caused damage. In the case of damage caused in this way, the amount of damage is not limited by the deductible of the comprehensive insurance. 

4.3) In case of damage to the rented motorcycle, the renter is liable for repair costs actually incurred or determined according to expert opinion, calculation and repatriation costs, expert costs, technical and noticeable depreciation, loss of rental income during the repair period or, in case of total loss, for the replacement period. As loss of rent, a basic daily charge is to be reimbursed per day. The renter reserves the right to prove a lesser damage. 

If the motorcycle has to be returned by the Lessor to the place specified in the rental agreement due to damage for which the Lessee is responsible, the Lessor has the right to charge the Lessee the costs in the amount of € 2.00 per kilometer driven of the return route. 

4.4) The renter is also liable for damage and loss of rented accessories (GPS, helmets, motorcycle clothing) in the full amount of the damage caused. 

4.5) If the motorcycle becomes unroadworthy or unusable due to damage caused by the Renter or due to an action caused by the Renter, the Renter shall not be entitled to a replacement motorcycle for the remaining rental period. Furthermore, in this case, there is also no right to a refund of the rental price. 

4.6) Hispania Tours is not obliged to replace a motorcycle damaged by the Lessee or damaged in a traffic accident. 

5. behavior in case of accidents and other damages 

5.1) In the event of any occurrence of damage, including damage or accidents without the involvement of third parties, the Lessee is obliged to notify the Lessor immediately by telephone. Towing and / or repair services are to be commissioned only after consultation with the lessor. 

5.2) In the event of any accident, the police must be called in immediately. Evidence (witnesses, traces, etc.) must be secured, the data of the parties involved must be determined, and everything must be done that can contribute to the proper and complete clarification of the course of the accident. 

5.3) The Lessee undertakes not to acknowledge any debt or to take any other actions (payments, settlements) that could jeopardize the insurance coverage. 

6. payment and withdrawal 

6.1) With the booking confirmation the customer receives an invoice from the lessor. This is to be paid as follows: 

By paying a deposit of 20% of the rental price immediately after receiving the confirmation and by paying the rental amount no later than 40 days before the start of the rental period. 

6.2) The customer may withdraw from the rental agreement at any time before the start of the rental period by means of a written declaration. The date of receipt of the notice of withdrawal by the Lessor shall be decisive in this respect. In the event of a withdrawal by the Lessee, the Lessor may demand flat-rate withdrawal costs, which are calculated as follows from the rental price: 

  • from the date of deposit until 41 days before the beginning of the rental period: 20% of the rental price 
  • 40 to 15 days before the start of the rental period: 50% of the rental price 
  • 14 to 8 days before the start of the rental period: 75% of the rental price 
  • less than 8 days before the start of the rental period: 100% of the rental price 

If the tenant does not appear or appears too late for the start of the rental, the price will not be refunded. In addition, it is up to the tenant to prove a lesser damage to the landlord. 

6.3) Rebooking of dates and destinations is only possible by withdrawal from the existing rental contract with subsequent new registration. 

6.4) If the vehicle is returned before the expiry of the agreed rental period, the full contractually agreed rental price must be paid. 

6.5) The Lessor recommends taking out travel insurance for cancellation costs, accident, illness, theft, private liability and legal protection. 

6.6) In case of force majeure: In the event that, a motorcycle cannot be rented or is interrupted after the start and this happens for reasons of force majeure beyond the control of HISPANIA TOURS and the client, as could be the case of a natural disaster, prolonged strikes, world health warnings, war or politics, HISPANIA TOURS will proceed as follows: 

- If the rental has not yet started, HISPANIA TOURS reserves the right to withhold all the money paid by the client for the rental at the time of cancellation and to offset this amount as a credit against a future rental. 

- If the rental has already started and has to be interrupted, HISPANIA TOURS reserves the right to retain all the money paid by the client for the rental and to use the proportionate unused money as a credit for a future rental. 

7. insurance coverage 

7.1) The motorcycle has a blanket liability insurance cover against personal injury, property damage and financial loss. The sum insured is 50 million euros for third-party damage. 

7.2) The rental motorcycles of the Lessor are insured against damage, theft and fire. 

7.3) A deposit equal to the excess (€ 3.000,-) must be paid by the Renter by credit card when taking over the motorcycle. This deposit will be fully refunded as soon as the motorcycle is returned undamaged to the Lessor. Damage caused to the motorcycle during the rental will be assessed and deducted from the deposit up to the amount of the excess. The amount of the deposit / deductible can be reduced by taking out additional insurance. 

7.4) The Lessee is further expressly informed that, despite fully comprehensive insurance, he is liable for damages in excess of the amount of the deductible in the following cases, if he or his vicarious agent: 

a) does not observe the contractual obligations according to item 3, 

b) in the case of culpable accidents, leaves the scene of the accident without permission, 

c) causes damage intentionally or through gross negligence, 

d) rides off-road
e) uses the motorcycle improperly, 

f) exceeds the agreed rental period in breach of contract. 

8. motorcycle handover / motorcycle return 

8.1) The motorcycle will be handed over fully tanked, clean, in perfect condition and without any externally visible defects. 

8.2) The renter has to return the motorcycle at the end of the rental period at the agreed return place, date and time with all vehicle papers, tools and accessories in the same condition. In case of loss of the vehicle documents, these are to be replaced by the renter with € 50,- each. In case of gross contamination, the renter has to pay the vehicle cleaning costs. 

8.3) The renter has to return the motorcycle with a full tank, if this is not the case, an expense allowance of € 20,- will be charged in addition to the fuel costs. 

8.4) If the return time is exceeded by more than one hour, the Lessee is obliged to pay a further daily rent per day as compensation. The Lessee reserves the right to prove that the Lessor has not suffered any damage or has suffered significantly less damage from exceeding the rental period. 

8.5) The Lessor may terminate the lease without notice if an important reason becomes known which makes the continuation of the lease unreasonable. Important reasons are in particular false information of the tenant about the person, the creditworthiness as well as the serious violation of the contractual obligations. In the event of termination without notice, the rental motorcycle must be returned immediately, even before the expiry of the ordinary rental period. In addition, claims for damages of the lessor remain unaffected. 

9. final provisions 

There are no ancillary agreements or supplements to this rental agreement. All contractual agreements must be in writing. This also applies to any cancellation of this clause. 

Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties shall be obliged to replace the invalid provisions with provisions that come as close as possible to the economic purpose of the invalid provision. 

10. place of jurisdiction 

Malaga (Spain) is agreed as the place of jurisdiction for both parties. 

11. Lessor 

Hispania Motorcycletours SL,
Carril de Guetara 54,
P.I. Villarosa
E-29004 Malaga, Spain
NIF: ES-B18716464