TERMS AND CONDITIONS ENGLISH
Contract for the rental of the motorcycle with keys and documents in perfect condition and ready to drive, accepting each and every one of the conditions of the present contract:
1. Object of the contract:
The object of the present contract is the leasing without driver of the motorcycle described in the private conditions, for the private transportation of passengers and their luggage.
The leaseholder should carry a copy of this contract at all times within the motorcycle object of the leasing.
The leaseholder recognizes to have received the vehicle in perfect condition for it to be driven, been obliged to return it in the same condition in which it was delivered with all the documents, and pieces and accessories in the place, and in the date and hour indicated in this contract. We will be able to take again possession of the vehicle at any moment without notifying him and on behalf of his/her own costs if the vehicle was being used not fulfilling that which is established in this contract.
2. Period of rent:
The period of rent is the one indicated in the private conditions between the date and time of departure and those of entrance in all its extension, therefore the delivery of the motorcycle before to the finalization of the period does not give the right to the leaseholder for the refund or the deduction of any amount of the price to be paid or already paid neither of the insurances neither franchises.
Mas Que Motos Tenerife C.B. reserves the right to withdraw at any moment the motorcycle form the leaseholder and to give for terminated the present contract provided that the contractor does not fulfill any of the clauses established in this contract, not being able to demand anything.
If the period of rent is long, the customer compromises to pass by the business each specific time, for its review, subject to pact among customer-business previously, and if he does not comply with that which is prescribed the damages caused will run on behalf of the customer.
* Overtime of the contract:
In the case that it is desired to prolong the period of rent, the leaseholder, to extend the contract, he should notify explicitly and in writing to Mas Que Motos Tenerife C.B., as a minimum of 24 hours before the expiring of the rental period. The minimum period of extension will be at least of 1 day (24 hours). The conditions of the extension will be identical to those stipulated in the original contract, being compromised the leaseholder to pay the corresponding proportional amount according to the valid present rate of the season/s in which the extension is to be carried out. In case of not extending the contract or extending it after its finalization, the amount will be charged corresponding to the days elapsed and a surcharge of 60€ will be applied. In any case, the extension of the period will stay voluntary for Mas Que Motos Tenerife C.B. who will be able to require the returning of the motorcycle at the finalization of the time limit stipulated in every case.
3. Conditions applied to the usage of the motorcycle:
It will be obligation of the leaseholders to use the vehicle with the proper diligence, in accordance to its characteristics, respecting the motor vehicles circulation regulation in force and avoiding, in any case, any situation that could cause damages to the vehicle or to third parties.
The unauthorized use of the vehicle understands the cases that are described as follows:
• To Push or to tow any another vehicle; the sublease of the vehicle; the transportation of merchandise and/or animals on the vehicle.
• Driving in unauthorized places for the public transport as for example beaches, not tarmacked tracks or car circuits. To participate in competitions with the motorcycle hired.
• Driving on tracks or inappropriate driving which could involve damages in the lower part of the vehicle. • Acting with negligence when before the lighting of informers or signs of warning on the vehicle´s display.
• The transportation of people or goods that direct or indirectly imply a payment to the leaseholder. • The transportation of a number of people which is over the authorized for the vehicle.
• Driving the vehicle in a state of fatigue, illness or under the influence of alcohol, medicines or drugs.
• Reckless driving and/or driving without observing the rules stipulated by the law about traffic, the driving of motor-driven vehicles and road Safety.
• Driving of the vehicle rented by a person who is not authorized in the contract whether as leaseholder/s or additional driver/s
• Driving the vehicle out of the island of Tenerife.; Use of the vehicle after having ended the period of rent.
The leaseholder is responsible of all the expenses caused to the lessor for not fulfilling these rules. Against the traffic regulations, he/she should know that to commit any crime against the safety of the traffic constitutes breach of this contract. Upon parking or not using the motorcycles, these should be parked and blocked properly.
The leaseholder must take care of the motorcycle and be assured that the steering is blocked and without the key put in when he/she is not using it, utilize the correct fuel specified in the contract and operate the safety mechanisms delivered for it.
4. Not returning of the vehicle in the specified time limit.
If the motorcycle is not returned upon finalizing the contract or its extra time, a report to the police will be made immediately for being in possession of the vehicle inappropriately.
Our motorcycles should be returned in the time agreed. If the motorcycles are not returned in this time limit, the expenses as for example the costs derived of search by the police, loss of the rentals, etc. will run and be charged entirely to the leaseholder. In the same way that whilst remaining upon late delivery of the motorcycle, the returning of it will amount to the payment of a quantity in this concept mentioned, at the rate of TEN EURO (10, 00€) by the delay in the delivery of the motorcycle during the first hour and FIVE EUROS MORE PER HOUR (5, 00€) that will accumulate to that amount counting from the second hour on.
5. The returning of the motorcycle:
Will be carried out in the installations of the firm: Mas Que Motos Tenerife C.B. before the agreed time limit negotiated within this clause according to the leaseholder is reached. The motorcycle should be returned in the place specified in the contract.
The use of the vehicle once finalized the period of leasing or its extension will be understood as unauthorized use for the purposes of the first clause in the present contract.
Everything happens for the delay of the return of the motorcycle and the damage to the same customer will be responsible for them and must make payment of the expenses incurred immediately. If the customer does not pay at the time of return or refuses to do so, all expenses have been incurred in the vehicle specified in the return document is charged through the bank card details provided by the customer in the time of rental as security for any damage, all with customer knowledge.
6. In case of a breakdown or accident:
The leaseholder is responsible for the damages caused to the motorcycle, including the amount of costs and losses suffered including the expenses of repair, loss of value, loss of rental income and towing as well as storage expenses.
Any damage caused to the vehicle by the customer and to himself runs on his/hers account and he/she compromises to pay the business the amount of the daily rate hired during the day/s that the vehicle is in the workshop for repair. If the sinister were to occur outside the rental period negotiated, the leaseholder will be responsible for the payment of the repairs and thus caused expenses, since the vehicle without current contract is not insured. In case of an accident or damage the customer should not abandon the vehicle without taking the necessary measures to avoid further damages or losses, and if it was so the customer compromises to pay such damages, in the same way that he/she will notify immediately the police and the lessor and he/she will take the necessary measures to clarify the causes of the accident. Which, if to exist, he/she will be notified by the police or the insurance company!
Assuming that the accident was due to breakdown by mechanical damages, the customer will not be able to demand any compensation to the business, in just the same way if it were because of damage.
In case of an accident or criminal act committed against the motorcycle the leaseholder is obliged:
a. To denounce what has happened to the police immediately.
b. Fill out a friendly accident report according to the official model that is found in the vehicle indicating at least the registration number, the name and the address of the opposing party besides the name of the insurance company and, when possible, the number of the insurance policy.
c. Concisely and accurately, describe the accident and, in its case, write down the name of the witnesses. d. Neither pre-judge nor recognize any responsibility of the accident.
e. Do not abandon the vehicle without taking the adequate measures to protect it against further damages leaving it closed and without bothering the traffic.
f. Report immediately of the sinister to Mas Que Motos Tenerife C.B.
In case of an accident or criminal act Mas Que Motos Tenerife C.B. will not be obliged to offer the leaseholder another motorcycle for rent. If Mas Que Motos Tenerife C.B. accepts to substitute the vehicle by another, the customer should pay for a new rent. In case of a robbery the customer agrees to pay to the company one hundred percent of the vehicle’s value.
Criminal acts will be understood to have been committed against the vehicle when:
• Robbery or theft of the motorcycle; Robbery or theft of exterior or interior parts of the motorcycle as wheels, tires or seats; Robbery using the force causing damages to the glasses, mirrors or the bodywork.; Vandalism against the motorcycle.
7. Price and method of payment
The contract prices will be adjusted to the current rates which are found exposed available to all the public in the lessor’s premises and which content declares explicitly to know the leaseholder previously to this contract, particularly those referred to the type of vehicle and the class of contract. All the prices will be indicated in Euros.
The price does not include the fuel. All services will be paid in advance. Mas Que Motos Tenerife C.B will be able to settle a bail for the leasing.
When making the reservation through our online platform, if your reservation request is denied, the amount charged will be returned through the same means of payment used to make the reservation and will be effective between 2 and 10 days Skillful that will vary according to your bank.
In case of an accident the vehicles are insured just as the legislation specifies with the basic coverage. The insurance does not cover in any case the personal effects, left in, kept within or transported in the vehicle. Therefore it is obliged NOT TO LEAVE ANY OBJECT IN THE VEHICLE AND BE ALWAYS ASSURED THAT IT IS WELL LOCKED.
9. Driver – joint liability:
The leaseholder should possess a driver’s license which has a validation of one year at least when renting the vehicle. In its case, the additional driver/s should be authorized by Mas Que Motos Tenerife C.B., accomplishing the same requirements as the leaseholder, and his/hers name/s should be known in the contract. The additional driver/s must sign the rental contract together with the leaseholder. In the same way all the leaseholders and/or authorized drivers are to know that they will be jointly responsible of all the obligations of the leaseholder that occur from this contract and the laws applied to it. He/she should not permit that the vehicle is used by any another person that has not been included previously in this contract. In such case, all the coverage will not be effective and the leaseholder will be responsible of the vehicle according to this contract and the laws applied to it.
All the damages which present the vehicle in the return of the same, is the responsibility of the leaseholder who must pay all the damages caused to it, the leaseholder agrees that we charge to her credit card provided in the contract all expenses generated from the damages that the vehicle have at the time of the return or make payment in cash, unable to claim anything to CB Mas que Motos Tenerife for such charge.
10. Loss of Keys and documents of the vehicule:
In case of loss, the expenses relating to new copies of keys or documents of the vehicle will be charged to the leaseholder. In any case, the leaseholder would be responsible for the expenses relating to the loss of documents, keys, helmets and/or accessories.
11. Objects found:
The leaseholder should empty the vehicle of his personal effects. Mas Que Motos Tenerife C.B. does not carry any responsibility of any object found in the motorcycle.
12. Traffic violations:
The leaseholder will be responsible for the immediate payment of the caused fines due to any breaking of the law during the period of rent. The leaseholder should inform Mas Que Motos Tenerife C.B about any imposed fine on the motorcycle or the driver during the period of rent. The payment of the fines is not included in any employable insurance. A supplement of 45€ will be charged for the management of the fine, this amount will not include its payment. In case that the authorities retain the vehicle because of an act or omission on behalf of the leaseholder, no matter the reason why, this person will be responsible and will compensate to Mas Que Motos Tenerife C.B. all the expenses incurred.
The fuel is not included in the price. In case of refueling the vehicle during the period of rent, it is responsibility of the leaseholder to refuel with the correct fuel. The consequences caused by not refueling with the right type of fuel are not covered by any insurance. The vehicle should be returned with the same amount of fuel as it had when delivered, for which it not being so the customer should pay 10€.
14. Maintenance of the vehicle:
The leaseholder receives the vehicle in perfect conditions needing him/her to keep it in such condition. The repairs in the workshop or replacing of parts will only be performed by Mas Que Motos Tenerife C.B. No repair costs will be refunded except prior consent and acceptance by Mas Que Motos Tenerife C.B. of the budget and of the workshop that performs the repair. In case that such consent does not exist in writing it will be exclusive responsibility of the leaseholder to pay the expenses of workshop as of replacements.
You authorize the automatic processing of your personal data, necessary for the agreed services, as for the offer and contracting of other products and services which could be of your interest and of which we will inform you when appropriate. Your personal data will be treated confidentially taking Mas Que Motos Tenerife C.B the necessary measures to fulfill the Spanish legislation on protection of personal data (Ley Orgánica 15/99), you will be reported of your rights to access, rectify and, in its case, to cancel your personal data by a written petition addressed to Mas Que Motos Tenerife. If you breach this contract, your personal data can be revealed to third parties with those measures which could help in the payment of the cost.
16. Applicable legislation and judicial system.
The present contract is ruled by the Spanish Legislation. It is our intention to solve the conflicts in a friendly manner. If it were not possible, in case of a conflict the competent courts will be the ones of Santa Cruz de Tenerife.
The customer, no matter which nationality, declares to have read all the conditions of the present contract, which has accepted with his firm in the obverse.