Rental terms - Motorbike tours and Motorbike hire
These rental conditions are a constituent part of the contractual agreement between Hispania Motorcycletours SL (lessor) and the customer (lessee), governing the use of motorcycles. Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, are reserved.
1.1 Tenant and thus responsible for the motorcycle is the person who is listed as the lessee in the rental contract and has signed this, regardless of who has booked the motorcycle and / or paid the rental fees.
1.2 Subject of the contract with the lessor is exclusively the temporary release of the booked motorcycle and other items that are booked in connection with the motorcycle rental (GPS, motorcycle equipment, etc.) from the lessor.
1.3 The rental fee includes a free mileage of the motorcycle of 300 km per rental day (unless otherwise agreed), as well as a liability insurance and a comprehensive insurance with a deductible of € 2,000. The fuel costs are not included in the rental price.
1.4 Only the speedometer is decisive for the calculation of the kilometers driven. In the event of a speedometer failure or damage to the seal, the lessor must be informed immediately. If this notification is not done immediately, the lessor is entitled to calculate a distance of 500 km per rental day.
2. Obligations and liability of the lessor
2.1 The lessor hands over the motorcycle in perfect, clean, safe and roadworthy condition and with undamaged plumbing of various components. In addition, the lessee receives the motorcycle papers and tools.
2.2 The lessor acknowledges previous damages only if they are recorded in writing in the rental agreement.
2.3 If a repair is necessary during the rental period to ensure the function or the traffic safety of the motorcycle without fault of the lessee, the lessee can contract a workshop of the vehicle manufacturer up to a repair amount of € 150, - of charge. The repair cost documents are to be presented to the lessor in their original form. If the estimated repair costs exceed € 150, the lessor's consent must be obtained before the contract is awarded.
2.4 If the motorcycle becomes unusable 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 rent for the not yet used rental days. Another claim does not exist.
2.5 The lessor tries to provide the lessee with the booked vehicle model, but reserves the right, in the case of an unforeseen situation such as a technical defect, accident, theft or similar, to replace it with a comparable model. If the lessor is not able to provide a comparable model, the lessor will refund the lessee the difference of the rent to the booked model. Another claim does not exist.
2.6 The liability of the lessor for non-performance and default are limited to twice the rental price. Further claims, for whatever legal reason, are excluded, unless the damage of the lessee is based on intent or gross negligence of the lessor.
3. Obligations of the lessee
3.1 The lessee must 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 and the correct tension of the drive chain are to be regularly checked by the lessee during the rental period.
3.3 The lessee must comply with the statutory provisions, in particular the road traffic laws. He is liable for all administrative fees, fines and penalties based on his use of the motorcycle. The lessor is free to charge a processing fee of € 30, - per penalty.
3.4 The lessee is prohibited in particular:
a) to leave the motorcycle to other than authorized drivers named on the contract;
b) to leave the motorcycle to such a legitimate driver if a driving ban has been imposed on him or if he is not in possession of a valid driving license or is unfit to drive;
c) use the motorcycle if a driving ban has been imposed on him or if he is not in possession of a valid driving license;
d) to use the motorcycle in a condition unsuitable for driving;
e) to use the motorcycle for commercial purposes;
f) the participate in motorcycling events of any kind, including the practice runs pertaining to such events.
g) to use the motorcycle off-road or on beaches.
h) to pawn or sell the motorcycle or dispose of the motorcycle or its parts, equipment, accessories and documents in any way that could infringe the rights of ownership of the lessor or infringe any other rights the lessor has on the motorcycle.
i) to park the motorcycle on public roads during the night (10pm to 6am). In any case, the motorcycle is to be locked when parking with the steering lock and the attached brake disc lock.
j) Use the rental vehicle for travel to non-European countries without the express written consent of the lessor.
k) The lessee may not make any technical changes to the vehicle.
l) The lessee is not authorized to optically change the vehicle, including in particular paintwork, stickers or adhesive foils. The lessor is allowed, in this case, to charge a corresponding cleaning fee.
4. Liability of the lessee for damages
4.1 The lessee is liable from the time of taking over until the return of the motorcycle to the lessor for minor negligence, destruction (also loss or confiscation of the motorcycle) and for all damages (such as accident or operational damage, damages resulting from improper treatment and damage that reduces the value of the motorcycle) beyond the normal wear of the motorcycle during the rental period. For occurring tire damage (flat tires) during the rental period, the lessee is solely responsible. The replacement of the damaged tire is to be carried out at the expense of the lessee, even if the damage is determined only at the time when the motorcycle is returned.
4.2 The lessee is liable for the full amount of damages incurred when driving off-road. For damage caused by improper use, he is also liable in full. As well for the obvious disproportionate wear (tire / clutch) due to improper use (such as "burn-outs"), the lessee is liable for this damages in full amount of the damage caused. In the event of damage caused in this way, the amount of damage is not limited by the deductible of the comprehensive insurance.
4.3 In the case of damage to the rental motorcycle, the lessee shall be liable for the costs of repair, invoicing and return actually incurred or defined by an expertise appraisal as well as for the costs of expertise, the reduction in technical and market value, loss of rental income during the repair period and for the replacement time in the case of total damage. A basic rate shall be paid per day to compensate for the loss of rental income. The burden of proof of lesser damage shall lie with the Hirer.
If the motorbike has to be returned by the lessor to the place indicated in the rental agreement on the basis of a damage attributable to the lessee, the lessor has the right to charge the lessee € 2.00 per kilometer driven for the return route.
4.4 The lessee is also liable for damage and loss of borrowed accessories (GPS, helmets, motorcycle clothing) in full amount of the damage caused.
4.5 If the motorcycle is incapacitated or unusable due to damage caused by the lessee or due to an act caused by the lessee, the lessee is not entitled to claim a spare motorcycle for the remaining rental period. Furthermore, in this case there is no entitlement to a refund of the rental price.
5. Requirements in the event of accident or any other damage
5.1 If damage or loss occurs, as well as in the event of damage or accident without the involvement of third parties, the lessee shall be obliged to notify the lessor immediately by telephone. Towing and/or repair services are to be called in only after obtaining the consent of the lessor
5.2 The police must be notified immediately in the event of an accident. Evidence (witnesses, track marks, etc.) is to be secured, the personal data of those involved recorded and everything must be done that can contribute to correct and complete clarification of the sequence of events.
5.3 The lessee shall not provide an admission of guilt and take any other action (payment, compensation) that could jeopardise the insurance cover.
6. Payment and withdrawal
6.1 With the booking confirmation, the lessee receives an invoice from the lessor. This is to be settled as follows:
By a deposit of 20% of the rental price immediately after delivery of the confirmation, and by payment of the rental amount no later than 40 days before the start of the rental.
6.2 The lessee can cancel from the rental contract at any time before the beginning of the rental by a written declaration. Decisive here is the time of the receipt of the cancellation at the lessor. In the case of a cancellation by the lessee, the lessor may demand flat-rate cancellation costs, cancellation costs amounting to the following:
from the deposit date to 41 days before arrival: 20% of the rental price
a) 40 to 15 days before arrival: 50% of the rental price
b) 14 to 8 days before arrival: 75% of the rental price
c) less than 8 days before arrival: 100% of the rental price
If the lessee does not appear or arrives late for the start of the rental, the price will not be refunded. In addition, the lessee has the right to prove less damage to the lessor.
6.3 Rebooking of the rental dates or destinations are only possible by withdrawing from the existing rental contract with a subsequent new registration.
6.4 When returning the vehicle before the expiry of the agreed rental period, the full contractually agreed rental price must be paid.
6.5 The lessor recommends the conclusion of a travel insurance for cancellation fees, accident, illness, theft, private liability and legal protection.
7. Insurance cover
7.1 The motorcycle has a lump-sum liability insurance covering personal injury, property damage and financial loss. The sum insured amounts to 50 million euros for third party damage.
7.2 The rental bikes of the lessor are insured against damage, theft and fire.
7.3 At pick up of the motorcycle, the lessee shall pay a deposit by credit card amounting to the retention (€ 2,000, -). This amount shall be reimbursed in full as soon as the motorcycle is returned undamaged to the lessor. Any damage to the motorcycle will be deducted from the deposit up to the amount of the retention. The amount of the deposit / deductible can be reduced by taking out additional insurance.
7.4 The lessee is further expressly advised that he, in spite of the comprehensive insurance, is liable for damages beyond the amount of the deductible in the following cases, if he or his vicarious agent:
a) ignores the contractual obligations of No.3 of this rental conditions,
b) leaves unauthorized the site of an accident he was involved in
c) causes damage intentionally or through gross negligence,
d) drives the rental bike off-road,
e) uses the motorcycle improperly,
f) exceeds the agreed rental period contrary to the contract
8. Motorcycle handover and return
8.1 The motorcycle is handed over fully fueled, clean, in perfect condition and without apparent defects.
8.2 At the end of the rental period, the lessee must return the motorcycle at the agreed place of return, date and time with the motorcycle documents, tools and accessories in the same condition. In the event of loss of vehicle documents, the replacement cost of € 50 have to be paid by the lessee. The Lessee shall be obliged to pay the cleaning costs if the motorcycle is heavily soiled.
8.3 The lessee has to return the motorcycle with a fully filled tank. If this is not the case, an additional fee of € 20, - will be charged in addition to the fuel costs.
8.4 If the return date is exceeded by more than one hour, the renter is obliged to pay the daily rent rate per day as compensation. The lessee has the right to prove that the lessor did not incur any or significantly less damage from exceeding the rental period.
8.5 The lessor shall be entitled to rescind the rental agreement without prior notice if a compelling reason is known that would render the continuation of the rental agreement unacceptable. Important reasons include in particular incorrect personal data of the lessee, information on credit worthiness as well as serious infringement of the provisions of the contractual agreement. In the event of rescission without prior notice the rental motorcycle must be returned immediately, i.e. before the agreed rental period has elapsed.
The lessor´s right to claim for damages and compensation shall remain unaffected.
9. Final provisions
Side agreements or additions to this lease are not available. All contractual agreements must be in writing. This also applies to a repeal 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 are obliged to replace the ineffective provisions by regulations that come as close as possible to the economic purpose of the invalid provision.
The place of jurisdiction for both sides is Málaga (Spain).
Hispania Motorcycletours SL, Carril de Guetara 54, P.I. Villarosa E-29004 Malaga, Spain, Tax ID: ESB18716464