Rental terms - Motorbike tours and Motorbike hire
These rental conditions are a constituent part of the contractual agreement between HISPANIA MOTORCYCLETOURS S.L. (Renter) and the customer (Hirer), governing the use of motorcycles. Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, reserved.
a) The subject of the contractual agreement with HISPANIA MOTORCYCLTOURS S.L is exclusively the temporary transfer of the reserved motorcycle(s). The Hirer himself/herself shall organise and conduct the trip of his/her own accord and shall use the motorcycle responsibly.
b) Unless otherwise stated, all prices shall include unlimited kilometres (mileage), third party liability insurance as well as fully comprehensive collision coverage insurance with the stipulated retention (own contribution). The fuel and operating costs are not included.
c) The retention (own contribution) stipulated in the fully comprehensive collision coverage insurance is to be left as a deposit for the motorcycle and can be paid in cash or by credit card (Eurocard/MasterCard, VISA).
d) Even if the motorcycle is returned before the agreed rental period has expired, the rental amount agreed in the contractual agreement is to be paid in full unless the motorcycle can be rented out to another party.
2) Payment and Cancellation
Defined by the General Terms and Conditions of Business of HISPANIA MOTORCYCLTOURS S.L.
3) Obligations of Hirer
The Hirer shall use the motorcycle with due care and attention, observe the appropriate technical codes of practice and operating instructions as well as ensure road safety. The Hirer shall comply with legal requirements especially the provisions of road traffic regulations. The Hirer shall be liable to the payment of all administrative fees, fines and penalties that are attributed to his/her use of the motorcycle.
It shall be prohibited for the Hirer to:
a) Allow any other person than the authorized persons named in the rental agreement to use the motorcycle.
b) Allow such authorized persons to drive the motorcycle if they are banned from driving or if they do not possess a valid driver's licence or are incapable of driving.
c) Drive the motorcycle if he/she himself/herself is banned from driving or if he/she does not possess a valid driver's licence.
d) Use the motorcycle in a condition unsuitable for driving.
e) Use the motorcycle for commercial purposes.
f) Participate in motorcycling events of any kind, including the practice runs pertaining to such events.
g) Use the motorcycle off-road or on beaches.
h) Tamper with the speedometer. Any defects relating to the speedometer are to be reported to HISPANIA MOTORCYCLTOURS S.L immediately.
i) 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 Renter or infringe any other rights the Renter has on the motorcycle.
j) Park the rental motorcycle on the road during the night.
k) Use the motorcycle for trips abroad without the express agreement of HISPANIA MOTORCYCLTOURS S.L in writing.
4) Obligations and Liability of the Renter
The renter shall hand over the motorcycle in a technically perfect, cleaned operational and road-safe condition with the seals on various components intact. The Hirer shall additionally receive the vehicle documents and tools. The Renter shall recognise and accept existing damage only if it is defined in writing in the rental agreement as part of the handover procedure. If, through no fault of the Hirer, a repair is necessary during the rental period in order to ensure operation or maintain roadworthiness of the motorcycle, the Hirer shall be entitled to commission an authorised dealer/workshop of the motorcycle manufacturer with the repair up to an amount of € 50.00. The original workshop bills are to be presented to the Renter. If the estimated repair costs exceed € 50.00, the Renter's consent must be obtained before proceeding with the repair. The liability of the Renter in the case of non-fulfilment and delay shall be limited to double the rental amount. Further claims, irrespective of whatever legal reason, are excluded unless the damage or loss to the Hirer is attributed to intent or gross negligence on the part of the Renter.
5) Liability of the Hirer for Damage
From the moment of transfer through to return of the motorcycle, the Hirer shall be liable to the Renter even for the slightest negligence/carelessness in terms of the demise (including the loss or confiscation) of the motorcycle as well as for all damage (such as accident or operational damage, damage as the result of improper use and damage that reduces the value of the motorcycle) that occurs beyond the scope of normal wear of the motorcycle during the rental period. In the case of damage to the rental motorcycle, the Hirer 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. The Hirer shall also be liable for additionally hired accessories.
6) Requirements in the Event of Accident or Any Other Damage
If damage or loss occurs, as well as in the event of damage or accident without the involvement of third parties, the Hirer shall be obliged to notify the Renter immediately by telephone. Towing and/or repair services are to be called in only after obtaining the consent of HISPANIA MOTORCYCLTOURS S.L.
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.
The Hirer shall not provide an admission of guilt and take any other action (payment, compensation) that could jeopardise the insurance cover.
7) Insurance Cover
a) The motorcycle has third party liability insurance covering damage to persons and property. The insurance sum amounts to € 50 million for third party damage. The amount in the case of damage to persons is limited to € 8 million per person.
b) The rental motorcycle is insured against damage, fire and theft. On acceptance of the motorcycle, the Hirer shall pay a deposit by credit card amounting to the retention (own contribution). This amount shall be reimbursed in full as soon as the motorcycle is returned undamaged to the Renter. Any damage to the motorcycle will be deducted from the deposit up to the amount of the retention (own contribution). The amount of the deposit/ retention may vary corresponding to the type of motorcycle and is defined under the "Deposit" section. The Hirer is expressly reminded that, despite fully comprehensive liability insurance, he/she is still liable for damage in the following cases:
- If he/she does not comply with the provisions of the contractual agreement as stipulated in clause 3
- Leaves the site of an accident he/she was involved in
- Causes damage intentionally, deliberately or through gross negligence
- Exceeds the agreed rental period contrary to the terms of the agreement
8) Return of Motorcycle
The motorcycle shall be returned with a full tank of petrol, clean, in faultless condition and without any externally visible deficiencies. The Hirer shall return the motorcycle in the same condition at the end of the rental period at the agreed place and time with all vehicle documents, tools and accessories. Should any tools or vehicle documents be missing, the Hirer shall be obliged to provide compensation amounting to € 100.00 for each time. The Hirer shall be obliged to pay the cleaning costs if the motorcycle is heavily soiled. If the designated return time is exceeded by more than 1 hour, the Hirer shall be liable to the payment of further rental per hour or per day as compensation. It shall be the reserve of the Hirer to prove that no or substantially lower damage was incurred by HISPANIA MOTORCYCLTOURS S.L as the result of exceeding the rental period.
The Renter shall be entitled to rescind the rental agreement without prior notice if a compelling reason is known that would render continuation of the rental agreement unacceptable. Important reasons include in particular incorrect personal data of the Hirer, 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 Renter's right to claim for damages and compensation shall remain unaffected.
9) Separability Provisions
There are no collateral agreements or supplements to this rental agreement. All contractual agreements shall require the written form. This requirement also applies to the cancellation of this clause. Should a provision of this contractual agreement be or become invalid, the validity of the remaining provisions hereof shall in no way be affected. The contractual partners shall be obliged to replace the invalid provisions by stipulations which shall correspond as far as possible to the economic and/or commercial purpose of the agreement.