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GENERAL CONDITIONS

GENERAL CONDITIONS OF RENT – RENTAL AGREEMENT

The following are general conditions of the rental agreement concluded between the company (hereinafter Motofly) and client. The identification details of both parties are listed on page 1 of the Contract.

ARTICLE 1. VEHICLES RETURN AND PICK UP CONDITIONS

The client must return and pick up vehicle in Motofly’s opening hours, from Monday till Sunday, from 10:00 till 14:00 and from 16:00 till 20:00. The vehicle must be returned and picked up in the same office .

ARTICLE 2. USE AND STATE OF VEHICLE

2.1 The client receives the vehicle described on page 1 of the contract, in perfect working condition, with its documents, tires and accessories (helmet, key tags, etc) and promises to keep and drive the vehicle in compliance with the Circulation Code and in accordance with the specifications of the use of the type of vehicle outlined in the office desk that the client acknowledges. The damage caused to the rented vehicle shall be paid in accordance with the list of damage displayed at the counter of the office desk that the Customer also acknowledges.

It is explicitly prohibited to the renter to change any functional technical characteristics of the vehicle, the keys of the vehicle, the equipment, the accessories and/or spare parts of the vehicle, as well as any modifications of the exterior and/or interior appearance of the vehicle (unless express written authorization from Motofly). Motofly will charge for each missing corporate sticker of the scooter and/or accessories, and for each extra sticker found on the scooter / accessories.

2.2 The vehicle may only be driven by the renter himself or the person specified as an additional driver in the rental contract and/or in any appendix with the condition of the driver being in possession of valid driving license for the country of the rental and in effect, and must exchange the driving license issued abroad when so required by current legislation.

2.3 It is forbidden to leave the city area or driving on the highway with a scooter 50cc. The renter can circulate outside the city or highway with a 125cc up to 100km starting from the shop where the vehicle was rented, taking into account that this is the distance covered by the Road Assistance and included in the price of the rental. For assistance outside this radius, the extra costs should be borne by the renter.

2.4 It is forbidden to transport the vehicle on board of any ship, train, truck or plane (unless expressly authorized written by Motofly).

2.5 It is forbidden to leave the country territory with the rented vehicle.

2.6 Any damages caused by the renter due to breach of any of the conditions stipulated in this article or caused by the use of the vehicle in contravention of any condition of this agreement and/or due to any usage other than the usage defined in the rental contract by the lessor, authorizes the lessor to withdraw the vehicle from the renter and to bill and charge him the corresponding repair costs or other costs resulting from occurred damages by means of a previous written notice to the renter 5 days in advance.

2.7 If the scooter gets lost or robbed, the Client must present the keys of the scooter and the police theft complaint, otherwise the excess reduction does not apply and the client must assume the whole cost of the vehicle.

ARTICLE 3. PRICE, DURATION AND EXTENSION OF RENTAL

3.1 The rental price corresponds to the price indicated in the rental contract and has been established according to the General Valid Tariff (with reference to services, charges and taxes) and the initial rental price agreed with the renter at the moment of signing the contract, according to the selected tariff.

3.2 The rental price includes the obligatory general liability insurance of vehicles.

3.3 The deposit meant to cover any damage arising from this contract will be returned to the customer only when Motofly finds that there is no concept to deduce from it under the provisions of the General Conditions. Hired extras (GPS, Wifi) have their own deposit as specified in the contract, and is paid separately.Aftercorrectly return of the scooter by the renter to the shop from where it was originally rented, Motofly will return the deposit to the same card (if the rental period is less than 28 days) or by PayPal or bank transfer to the bank account of the renter (if the rental period exceeds 28 days). Transfer costs can be from 3 € to 17 € (depending on the renter’s bank account charges) and are borne by the renter.

3.4 In any case the deposit paid at the beginning of the rental can be used for an extension of it. In the event that the client wants extend the rental period, the client has to obtain prior express authorization of Motofly and immediately pay the additional amount for such an extension.

3.5 The renter shall return the vehicle at the agreed return date, time and place specified in the contract. The return of the vehicle in a different place from the initially specified or a late return, without previous agreement of Motofly, implies an additional fee on the renter’s charge apart from the cost of the extra days. The client must present a copy of the contract and the keys for any exchange or return.

3.6 The service is considered finished once the vehicle and the keys have been handed over to Motofly, in office hours at the shop it was rented, and under the conditions stipulated in the contract.

3.7 The scooter rented can not be used for professional purpouses, like food and packages delivery, races, etc

ARTICLE 4. PAYMENTS

4.1 The client agrees to pay to Motofly:

  1. a) The amount resulting from the implementation of the General Tariff and the initial price specified in the contract according to the selected tariff, corresponding to the time period, insurance, additional equipment and complementary services (conditions as stipulated), such as the applicable charges and taxes.
  2. b) The corresponding amount of all fines or penalties and the corresponding sanctions for any kind of infringement against the legislation which may happen to the renter while driving the rented vehicle, as well as the charges for the delay of payment by the lessee and the judicial and out of court fees which may occur to the lessee as a consequence of the above stated cases.In case of fines, Motofly will charge the client for the administrative procedures.
  3. c) An amount in the case that a Motofly employee’s presence is required at a tow pound in order to reclaim a vehicle that has been impounded. In addition the client shall also be responsible for payment of the fine derived from the scooter impound by local authorities that will be charged directly on the credit card of the client.
  4. d) The amount of any damages caused by the lessee for whatever reason deriving from the circumstance of having caused disadvantages to third parties or to the lessor regardless of being insured. In the case of the lessor being insured, it is the lessor´s obligation to return to the lessee the amount that would have been charged in the absence of any insurance policy, after the lessor receives payment from the insurance company.

4.2 The payments of the costs specified in paragraph 3.1 are to be made by credit card, cash or bank transfer. If the case should arise that the lessee does not pay the aforementioned costs within 24 hours since occurred, the lessor has the right to deduct those costs from the deposit and make a claim judicially or extra judicially without further formalities.

ARTICLE 5. INSURANCE, THEFT, LOSS AND DAMAGE TO THE VEHICLE

5.1. The rental price includes liability insurance covering damage to third parties and passengers without existing excess or maximum responsibility (Basic Coverage).

5.2. VEHICLE BASIC COVERAGE(With this insurance is deposit 300€ for 49cc and 125cc, DJANGO and 200CC 350€, 300CC 300€, 400CC 500€, 500cc 400€). The Basic Coverage to Third Parties does not cover: -Personal injury, roadside assistance, medical assistance, damage to the vehicle, loss of accessories and/or personal items. Under no circumstances Basic Coverage covers medical care assistance for personal injury. Call 911!!

5.3. FLY ALL-RISK COVERAGE – (With this insurance is deposit 300€ for 49cc and 125cc, DJANGO Y 200CC 175€, 300CC 250€, 400CC 350€, 500CC 400€)

The All-Risk Coverage covers damage to the vehicle, as well as full, partial destruction, loss and/or theft with reduction of deposit depends of motorbikes category: Category 49cc 500€, Category 125cc 750€, Category 200cc 2000€, Category 300cc 2600€, Category 400cc 4500€, Category DJANGO 1700€ y category 500cc 1800€. The All-Risk Coverage does not cover break or loss of keys, loss of motorbikes papers, break of key drum unless the problem is due to a defect of the motorbike, punctures or rescues as a result of punctures. Roadside assistance because of lack of fuel or loss or theft of keys, helmets, padlock and other accessories like GPS, blanket, gloves, etc. In case of accident, collecting the motorbike will be paid by the Customer. In case of refueling with an incorrect fuel, any repairs will be the responsibility of the Client. Lost or broken personal accessories or items are not covers. Accidents caused by the effects of Alcohol and/or Drugs will not be covered. Under no circumstances All-Risk Coverage covers medical care assistance for personal injury. Call 911!!

5.4. FLY PREMIUM ALL-RISK COVERAGE(With this insurance is deposit 200€ for 49cc and 125cc, DJANGO Y 200CC 250€, 300CC 200€, 400CC 250€, 500cc 300€) Covers all type of accident caused by chance with reduction of deposit depends of the motorbikes category: Category 49CC Y 125CC 200€, Category 200CC 500€, Category 300CC 800€, Category 400CC 2000€, category 500cc 800€ y Category DJANGO 300€. However, accidents caused due to the effects of alcohol and/or drugs are not covered. Will have coverage for damage to Third Parties, punctures (in no event will cover breakage tire), broken keys. In case of accident, displace the motorbike, full or partial destruction of the vehicle, broken accessories like helmets, trunk and/or padlock. Coverage does not cover loss of the motorbike papers, loss of the keys and the other accessories like helmets, GPS, gloves, etc. In case of refueling with an incorrect fuel, any repairs will be the responsibility of the Client. Under no circumstances Premium All-Risk Coverage covers medical care assistance for personal injury. Call 911!! This service does not include the refueling of gasoline or the transfer of Customers.

 

5.5. No courtesy vehicle will be delivered if, in case of accident, the customer has not submitted the documentation referred to in 8.1. No courtesy vehicle will be delivered if, in case of damages caused by the customer, the customer has not paid the value of the repair, according to the General Price List.

5.6. Motofly reserves the right to admission for contracting the extra ‘Pack FLYPREMIUM with deposit 200€’.

5.7. The maximum liability (excess) and the coverage of the ‘Complete Insurance’ shall not apply if the customer does not fulfill the established in the Article 1 and Article 8 of the General Conditions. In these cases the customer assumes full responsibility for the consequences and agrees that Motofly removes the vehicle, terminate the contract and charge it the corresponding amounts.

ARTICLE 6. ROAD ASSISTANCE

6.1 If the bike cannot be driven, or cannot be started, the customer has to call the company roadside assistance. This number is also found in leaf instructions along with documentation of the bike or on a sticker on the handlebars of the bike.

6.2. The road assistance service is included in the rental price and covers a distance of 100 km from the store where it was rented. For assistance outside this radius, the cost of the road assistance service shall be borne by the customer.The renter agrees not to leave the scooter until the roadside assistance tow truck has arrived at the place at which the scooter has broken down to take it to the shop from where it was rented.

6.3. Motolfy shall charge to the customer if the renter misuses the roadside assistance service: (I) lost keys or helmets, (II) lack of gasoline or electric charging, (III) yellow safety button, (IV) rescue of the vehicle from unpaved or unsuitable for driving roads, or ignorance of the proper functioning of the scooter include misuse.

ARTICLE 7. MAINTENANCE AND REPAIR

7.1 The Customer is not authorized to order the repair of the vehicle, unless authorized by Motofly.

7.2 It is customer’s responsibility to stop the vehicle when a malfunction of the vehicle is detected and contact Motofly or the road assistance service.

7.3 The customer has no right of courtesy vehicle during the time of the mechanical check, which can reach up to 2,5h, except in cases where the customer has contracted extra ‘Pack FLY PREMIUM’.

ARTICLE 8. FUEL

8.1 The fuel consumed during the rental period is paid by the customer.

8.2 Customer must refuel the vehicle with the correct type of fuel, otherwise the Customer shall be responsible for the costs incurred in the transfer and / or repair of damage produced in the vehicle by misfuelling.

8.3 The scooter has to be returned with the same gas level as previously marked in the contract. If the scooter is not returned with the same gas level, Motofly will charge 10€.

ARTICLE 9. INCIDENTS

9.1 In the case of an accident with the rented vehicle, the customer shall submit to the shop where the vehicle was rented, the Declaration of Accident (blue form located inside the seat of the scooter with other documents) duly completed by the two parties involved no later than 48 hours from the time of the accident, except in cases of force majeure justified, and in any case always before the end of the rental.Incomplete or illegible Declaration of Accident are not accepted, and if so, will become Customer’s responsibility to pay damages of the vehicle.

9.2 Non-delivery by the renter to Motofly of the Declaration of Accident, will involve a minimum charge of 50 €, payable to Motofly, whatever the cost of the damage to the vehicle at the time of its return. This amount in any case may be altered by Motofly and also applies where extra insurance has been taken by the renter at the time of rental. In any case, the deposit will be retained until the renter has clarified which party is responsible for the accident and, therefore, who is responsible for the damages to Motofly‘s vehicle

9.3 If in case of an accident, the vehicle is not suitable for driving, Motofly it will retain it until completion of the formalities of damage expertise. In this case, the customer has no right to courtesy vehicle.

ARTICLE 10. MODIFICATIONS OF THE RENTAL AGREEMENT

The General Conditions and the remaining provisions of the rental agreement may only be modified by written agreement signed by both parties.

ARTICLE 11. ELECTRONIC PROCESSING OF PERSONAL DATA

The renter authorizes the electronic processing of the personal data that appears in this contract, which are necessary for the contracted service as well as for the offer and conclusion of a contract for other products and services by the lessor. The renter has the right to access, correct and cancel his personal data by a petition in writing to the lessor at info@motofly.es. The renter also authorizes the lessor to cede his data to companies of the group, to his franchising companies or to others with whom the lessor collaborates for the best rental service of vehicles, resident either in Spain or abroad, respecting the Spanish legislation of the protection of the personal data.

ARTICLE 12. APPLICABLE LEGISLATION AND JURISDICTION

12.1 The present contract will be valid and interpreted according to the Spanish laws.

12.2 Issues concerning this contract between the lessor and the renter will fall within the competence/jurisdiction of the Spanish courts of the city the contract has been signed in, to which both parties submit.

ARTICLE 13. RESERVATION CANCELATION POLICY

If the cancellation is made with a notice of more than 7 days, 100% of the paid amount is refunded.

If the cancellation of the booking is made without notice, the lessor will not proceed to any refund.

Motofly is not responsible for the weather conditions.