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Terms and Conditions: Motorcycle Rentals

Top Banner Terms and Conditions: Motorcycle Rentals

PORTUGAL

HR - Aluguer de Automóveis, S.A., head office at Avenida Severiano Falcão, 7/7A, 2689-522 Prior Velho, registered at the Commercial Registry Office of Loures under the number 500225613 (hereinafter referred to as Rental Company) rents the identified vehicle (moped or motorbike) through this rental agreement, under its specific terms and conditions and also under the following terms and conditions.  

This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.  

 

1. STATE OF THE MOTORCYCLE

The Renter acknowledges to have received the motorcycle in good working and cleaning order, including both tyres, and shall return it under the same conditions, together with the motorcycle's keys, equipment, tools and/or accessories, in the place and date mentioned in the rental agreement.   

It is strictly forbidden for the Renter to modify any technical features of the motorcycle, the keys, equipment, tyres, tools and/or accessories of the motorcycle, as well as any aesthetic change. In case of breach of this clause, the Renter is liable for any expenses, on duly justified grounds, regarding the reconditioning of the motorcycle to its original status, as well as for a compensation arising from the vehicle immobilisation during reconditioning, to be calculated according to rental days.  

If the motorbike is used in breach of the provisions of this agreement, the Rental Company may terminate the agreement and take over the motorcycle, at any time and without prior notice, at the Renter's cost. 

 

2. DURATION

The minimum rental term is one day, equal to the period of 24 hours counting from the beginning of the rental.

If the Renter wishes to extend the Motorcycle rental period set out in the rental agreement, the Renter must request an express written authorization to the Rental Company. Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement.

If the motorcycle is under circulation outside of the agreed period, without express authorization of the Renter, the rental agreement and other integrated services shall expire. 

 

3. CONSIDERATION AND DEPOSIT 

The rental price, as well as the deposit amount, are determined by the rates in force at the date of execution of the rental agreement. The agreed payment method is the credit card.  The payments made in cash or by debit card require prior authorization of the Rental Company.  If the payment in cash is authorized, the Rental Company reserves the right to request one or more credit cards to the Renter as guarantee. 

 

4. BOOKING CONDITIONS

The booking of the motorcycle requires the payment by the Renter of monetary amount as a reserve deposit corresponding to 25% of the rental. The Rental Company reserves the right to make the availability of the motorcycle conditional to the effective demonstration by the Renter of the payment of the reservation deposit.

The rental must be made within a maximum of 12 months from the date of reservation.

 

5. CANCELLATION POLICY AND REIMBURSEMENT

The Rental Company reserves the right not to reimburse any booking-related amounts, after its cancellation by the Renter.

 

6. LIABILITY OF THE RENTER

Subject to the provisions under sub-paragraphs (I) and (II), in case the motorcycle is lost, damaged or stolen, as well as its parts, during the rental period, the Renter shall pay Rental Company at its request the amount of all costs and losses, including without limitation repairs costs, replacement costs, depreciation costs, the loss of rental revenues, towing and collection costs according to our current prices as maximum deductible (check price list at the counter). 

B) The liability of the Renter is limited, under the terms mentioned below, to the compliance with the agreement by the Renter, and the loss and damage cannot be caused by wilful intent or gross negligence of any authorized driver or non-authorized driver.  

  1. The liability in case of lost or damaged motorcycle (except if stolen) is limited to the amount of the minimum deductible set out by the current price list of the Renter. 
  2. The liability in case of lost or damaged motorcycle resulting from theft is limited to the full amount of the maximum deductible set out in the agreement.  

 

7. LIABILITY OF THE RENTAL COMPANY

The Rental Company is not liable for any loss or damage incurred by the Renter, except in case of negligence. Under no circumstances may these terms exclude or restrict the liability of the Rental Company in case of death or personal injury arising from negligence or any other liability that may not be legally excluded.

 

8. CHARGES

Any charges foreseen by this agreement are calculated pursuant to the current price list of the Rental Company and based on the use of the motorcycle by the Renter as specified below.

The Renter agrees to pay or reimburse the Rental Company, at its request, the following amounts:

  1. rental of the motorcycle, as well as other supplements such as the options: additional drivers; delivery and collection; rental and delivery at a different station; airport service fee; washing; out-of-hours service. The price of the above-mentioned supplements and services are laid down in the price list at the counter. If the Renter returns the motorcycle to the Rental Company more than 29 minutes after the scheduled time of return, the latter reserves the right to charge any extra rental day to the Renter at the applicable daily fee;
  2. any cost to be borne by the Renter under clause 3 a) and any reference to the circulation supplement;
  3. the costs regarding fuel absence and concerning administrative fee, if the motorcycle is returned without the fuel tank refilled; 
  4. the administrative costs in terms of management of the issuing process regarding the motorcycle documentation lost by the Renter;
  5. the towing costs to the Rental Company nearest station, unless if the Rental Company is liable for the immobilisation;.
  6. the damage caused to the tyres other than their normal wear and tear or accidental fat tyres;
  7. applicable tax at the current rate;
  8. if the Renter defaults, he/she must pay, without need of formal notice, the late-payment penalty at the applicable legal rate, besides the agreed charges; 
  9. all expenses including the immobilisation of the motorcycle, whenever it is seized by the police authorities. 

All claims and objections regarding the above-mentioned charges must be informed to the Rental Company no later than 30 days after the bill is received, period after which the bill is considered as final.

The Renter authorizes that the rental charges are charged from the credit card stated at the beginning, as well as other charges directly or indirectly related with the motorcycle rental, even after its return and according to the Terms and Conditions of the agreement. 

 

9. INFRACTION TO THE TRAFFIC/CIRCULATION REGULATIONS

During the motorcycle rental period, the Renter is liable for all fines related with infractions to traffic, circulation, parking and toll rules, as well as for the consequences and responsibilities arising from them. The Rental Period shall charge an administrative work supplement (check the amount in the price list at the counter) if the Renter is liable for any fines during the rental period, without prejudice to the payment of the amount of such fines. The Rental Company shall provide to the Renter, at his/her request, a copy of the notices served regarding infractions to traffic, parking and/or toll rules.

 

10. USING CONDITIONS

The Renter must take care of the motorcycle, ensuring that it is parked safely and filled with the adequate fuel according with the manufacturer's recommendation.

The Renter shall regularly review the oil and water levels, the tyre pressure and any other parameters and basic elements to drive the motorcycle.

  1. The Renter shall not use or allow the use of the motorcycle in the following circumstances: Transport of passengers or cargo against payment;
  2. Push or tow any motorcycle or any other object;
  3. Participate in any race or competition, official or non-official, or drive the motorcycle outside paved roads;
  4. While the driver is under the influence of alcohol, drugs or any other substance that may reduce perception or the ability to react; 
  5. Freight transport against the law or with unlawful purpose;
  6. Transport of passengers exceeding the authorized number and as stated in the technical inspection manual of the motorcycle;
  7. Freight transport exceeding the authorized weight, quantity and/or volume in technical inspection manual of the motorcycle.
  8. Transportation of goods classified as hazardous or special by the current transportation laws.
  9. Do not use or allow the use of the rented motorcycle as a way or a tool to commit a crime, punished, forbidden or sanctioned practices by the law, aid criminals or receive objects regarding crimes.
  10. The infringement of any road traffic, circulation and safety regulations.
  11. Do not comply with the minimum requirements set out in our current price list regarding age and valid drive's license.
  12. By any person that is not the authorized driver or being, does not comply with the minimum requirements of the Rental Company regarding the age and valid driver's license. In such cases, the Renter is also liable for the use of the motorcycle and must compensate the Rental Company according with the agreement. 
  13. Drive the motorcycle in non-EU countries, excluding Bulgaria and Romania. The motorcycle may be driven in Switzerland and Norway. 
  14. For sub-rentals.
  15. The Renter is liable for any damage, regardless the hired coverage, caused by the motorcycle in case of circulation outside the territory authorised and foreseen in sub-paragraph m) above. 

Only the person or set of persons identified and acknowledged as drivers by the Rental Company may drive the motorcycle. 

The Renter warrants to the Rental Company to lock and block the steering, whenever the motorcycle is not under circulation, and keep its documents.

It is strictly forbidden for the Renter to dispose of, mortgage, exercise a lien, sell or pledge the motorcycle as security, equipment, tools and/or accessories and any part thereof, or deal with the motorcycle in such a manner that causes damage to the Rental Company.

In the Iberian Peninsula, unless otherwise specifically authorized by the Rental Company, the transfer of the motorcycle to the islands is forbidden. The breach of this provision allows the Rental Company to take over the Motorcycle, without entitlement to any justification or compensation.   

 

11. INSURANCE

The Rental Company provides insurance coverage to the person or set of persons using the motorcycle with authorization provided by the Rental Company (and only in this case) under the terms of the public liability insurance policy, which can be consulted in the station at request of the Renter. The policy complies with all applicable legal requirements and covers the owner, the Renter and/or any other authorized driver, against third-party claims for personal or material damage caused by the motorcycle. The conditions of the insurance agreement, including any territorial restrictions, are an integral part of this agreement.

 

12. ACCIDENTS

In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Lesse must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.

The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.

 

13. PERSONAL BELONGINGS

The Rental Company is not liable vis-à-vis the Renter or any passenger for the loss or material damage regarding the personal goods stored in or transported by the motorcycle during the rental period or after the agreement expires.

 

14. APPLICABLE LAW AND COMPETENT COURT

This agreement is governed by the Portuguese law, and any dispute arising from its interpretation and/or implementation must be settled by the District Court of Lisbon, with express waiver of any other.

 

15. CHARGES OVER CREDIT CARDS

The Renter, upon the signature of this agreement, allows the Rental Company to block in the credit card stated by the Renter the agreed amounts or the pending amounts in case of termination of this agreement (namely deductibles and outstanding payments), due for lack of rental payment, damage to the motorcycle not covered by the insurance, or any other issues awarded to the Renter under the terms and conditions of the agreement, informing on the concerning charges.

 

16. PERSONAL DATA

The Renter authorizes the storage and processing of his/her personal data as included in this agreement by the Rental Company, and also its communication to the companies belonging to the Hertz Group, as well as to its commercial partners, for the same collection purposes, including statistical analysis, marketing, client satisfaction surveys, marketing of services provided by the Rental Company and credit control.

In case of breach of this agreement by the Renter, the personal data may be disclosed or communicated to third parties as needed to seek compensation regarding the non-compliance.  The Renter was informed of his/her rights regarding data according to the law, namely the right of access, correction, update or amendment and the right to oppose to the use of his/her personal data for marketing or data mining purposes, through letter with acknowledgement of receipt sent to Hertz Ride,  Av. Severiano Falcão, Nº 7 – 7ª, Edifício Hertz, 2685-379 Prior Velho, Portugal, or to the e-mail address hertzride@hertz.pt.

Pursuant to article 6 of the Personal Data Protection Law (Law no. 67/98, October 28) the Renter specifically authorizes, in case of payment default, that Hertz Ride informs his/her personal data to ARAC - Associação dos Industriais de Aluguer de Veículos Automóveis Sem Condutor, to include in the defaulting clients database and subsequently disclose to the associated companies.

 

17. VALIDITY OF THE AGREEMENT

Any amendment to the terms and conditions of this agreement shall be specifically laid down in writing, otherwise it shall be considered as null and void.

_

 

SPAIN

HR Comercio de Automóveis e Motociclo, S.L., head office at Calle de Berna, n.º 2, Oficina 1 (Av. Europa – Edifico Bulevar), Toledo, Spain, registered at the Commercial Registry Office of Loures under the number 500225613 (hereinafter referred to as Rental Company) rents the identified vehicle (moped or motorbike) through this rental agreement, under its specific terms and conditions and also under the following terms and conditions.  

This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.   

 

1. STATE OF THE MOTORCYCLE

The Renter acknowledges to have received the motorcycle in good working and cleaning order, including both tyres, and shall return it under the same conditions, together with the motorcycle's keys, equipment, tools and/or accessories, in the place and date mentioned in the rental agreement.   

It is strictly forbidden for the Renter to modify any technical features of the motorcycle, the keys, equipment, tyres, tools and/or accessories of the motorcycle, as well as any aesthetic change. In case of breach of this clause, the Renter is liable for any expenses, on duly justified grounds, regarding the reconditioning of the motorcycle to its original status, as well as for a compensation arising from the vehicle immobilisation during reconditioning, to be calculated according to rental days.  

If the motorbike is used in breach of the provisions of this agreement, the Rental Company may terminate the agreement and take over the motorcycle, at any time and without prior notice, at the Renter's cost. 

 

2. DURATION

The minimum rental term is one day, equal to the period of 24 hours counting from the beginning of the rental.

If the Renter wishes to extend the Motorcycle rental period set out in the rental agreement, the Renter must request an express written authorization to the Rental Company. Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement.

If the motorcycle is under circulation outside of the agreed period, without express authorization of the Renter, the rental agreement and other integrated services shall expire. 

 

3. CONSIDERATION AND DEPOSIT 

The rental price, as well as the deposit amount, are determined by the rates in force at the date of execution of the rental agreement. The agreed payment method is the credit card.  The payments made in cash or by debit card require prior authorization of the Rental Company.  If the payment in cash is authorized, the Rental Company reserves the right to request one or more credit cards to the Renter as guarantee. 

 

4. BOOKING CONDITIONS

The booking of the motorcycle requires the payment by the Renter of monetary amount as a reserve deposit corresponding to 25% of the rental. The Rental Company reserves the right to make the availability of the motorcycle conditional to the effective demonstration by the Renter of the payment of the reservation deposit.

The rental must be made within a maximum of 12 months from the date of reservation.

 

5. CANCELLATION POLICY AND REIMBURSEMENT

The Rental Company reserves the right not to reimburse any booking-related amounts, after its cancellation by the Renter.

 

6. LIABILITY OF THE RENTER

Subject to the provisions under sub-paragraphs (I) and (II), in case the motorcycle is lost, damaged or stolen, as well as its parts, during the rental period, the Renter shall pay Rental Company at its request the amount of all costs and losses, including without limitation repairs costs, replacement costs, depreciation costs, the loss of rental revenues, towing and collection costs according to our current prices as maximum deductible (check price list at the counter). 

B) The liability of the Renter is limited, under the terms mentioned below, to the compliance with the agreement by the Renter, and the loss and damage cannot be caused by wilful intent or gross negligence of any authorized driver or non-authorized driver.  

  1. The liability in case of lost or damaged motorcycle (except if stolen) is limited to the amount of the minimum deductible set out by the current price list of the Renter. 
  2. The liability in case of lost or damaged motorcycle resulting from theft is limited to the full amount of the maximum deductible set out in the agreement.  

 

7. LIABILITY OF THE RENTAL COMPANY

The Rental Company is not liable for any loss or damage incurred by the Renter, except in case of negligence. Under no circumstances may these terms exclude or restrict the liability of the Rental Company in case of death or personal injury arising from negligence or any other liability that may not be legally excluded.

 

8. CHARGES

Any charges foreseen by this agreement are calculated pursuant to the current price list of the Rental Company and based on the use of the motorcycle by the Renter as specified below.

The Renter agrees to pay or reimburse the Rental Company, at its request, the following amounts:

  1. rental of the motorcycle, as well as other supplements such as the options: additional drivers; delivery and collection; rental and delivery at a different station; airport service fee; washing; out-of-hours service. The price of the above-mentioned supplements and services are laid down in the price list at the counter. If the Renter returns the motorcycle to the Rental Company more than 29 minutes after the scheduled time of return, the latter reserves the right to charge any extra rental day to the Renter at the applicable daily fee;
  2. any cost to be borne by the Renter under clause 3 a) and any reference to the circulation supplement;
  3. the costs regarding fuel absence and concerning administrative fee, if the motorcycle is returned without the fuel tank refilled; 
  4. the administrative costs in terms of management of the issuing process regarding the motorcycle documentation lost by the Renter;
  5. the towing costs to the Rental Company nearest station, unless if the Rental Company is liable for the immobilisation;.
  6. the damage caused to the tyres other than their normal wear and tear or accidental fat tyres;
  7. applicable tax at the current rate;
  8. if the Renter defaults, he/she must pay, without need of formal notice, the late-payment penalty at the applicable legal rate, besides the agreed charges; 
  9. all expenses including the immobilisation of the motorcycle, whenever it is seized by the police authorities. 

All claims and objections regarding the above-mentioned charges must be informed to the Rental Company no later than 30 days after the bill is received, period after which the bill is considered as final.

The Renter authorizes that the rental charges are charged from the credit card stated at the beginning, as well as other charges directly or indirectly related with the motorcycle rental, even after its return and according to the Terms and Conditions of the agreement. 

 

9. INFRACTION TO THE TRAFFIC/CIRCULATION REGULATIONS

During the motorcycle rental period, the Renter is liable for all fines related with infractions to traffic, circulation, parking and toll rules, as well as for the consequences and responsibilities arising from them. The Rental Period shall charge an administrative work supplement (check the amount in the price list at the counter) if the Renter is liable for any fines during the rental period, without prejudice to the payment of the amount of such fines. The Rental Company shall provide to the Renter, at his/her request, a copy of the notices served regarding infractions to traffic, parking and/or toll rules.

 

10. USING CONDITIONS

The Renter must take care of the motorcycle, ensuring that it is parked safely and filled with the adequate fuel according with the manufacturer's recommendation.

The Renter shall regularly review the oil and water levels, the tyre pressure and any other parameters and basic elements to drive the motorcycle.

  1. The Renter shall not use or allow the use of the motorcycle in the following circumstances: Transport of passengers or cargo against payment;
  2. Push or tow any motorcycle or any other object;
  3. Participate in any race or competition, official or non-official, or drive the motorcycle outside paved roads;
  4. While the driver is under the influence of alcohol, drugs or any other substance that may reduce perception or the ability to react; 
  5. Freight transport against the law or with unlawful purpose;
  6. Transport of passengers exceeding the authorized number and as stated in the technical inspection manual of the motorcycle;
  7. Freight transport exceeding the authorized weight, quantity and/or volume in technical inspection manual of the motorcycle.
  8. Transportation of goods classified as hazardous or special by the current transportation laws.
  9. Do not use or allow the use of the rented motorcycle as a way or a tool to commit a crime, punished, forbidden or sanctioned practices by the law, aid criminals or receive objects regarding crimes.
  10. The infringement of any road traffic, circulation and safety regulations.
  11. Do not comply with the minimum requirements set out in our current price list regarding age and valid drive's license.
  12. By any person that is not the authorized driver or being, does not comply with the minimum requirements of the Rental Company regarding the age and valid driver's license. In such cases, the Renter is also liable for the use of the motorcycle and must compensate the Rental Company according with the agreement. 
  13. Drive the motorcycle in non-EU countries, excluding Bulgaria and Romania. The motorcycle may be driven in Switzerland and Norway. 
  14. For sub-rentals.
  15. The Renter is liable for any damage, regardless the hired coverage, caused by the motorcycle in case of circulation outside the territory authorised and foreseen in sub-paragraph m) above. 

Only the person or set of persons identified and acknowledged as drivers by the Rental Company may drive the motorcycle. 

The Renter warrants to the Rental Company to lock and block the steering, whenever the motorcycle is not under circulation, and keep its documents.

It is strictly forbidden for the Renter to dispose of, mortgage, exercise a lien, sell or pledge the motorcycle as security, equipment, tools and/or accessories and any part thereof, or deal with the motorcycle in such a manner that causes damage to the Rental Company.

In the Iberian Peninsula, unless otherwise specifically authorized by the Rental Company, the transfer of the motorcycle to the islands is forbidden. The breach of this provision allows the Rental Company to take over the Motorcycle, without entitlement to any justification or compensation.   

 

11. INSURANCE

The Rental Company provides insurance coverage to the person or set of persons using the motorcycle with authorization provided by the Rental Company (and only in this case) under the terms of the public liability insurance policy, which can be consulted in the station at request of the Renter. The policy complies with all applicable legal requirements and covers the owner, the Renter and/or any other authorized driver, against third-party claims for personal or material damage caused by the motorcycle. The conditions of the insurance agreement, including any territorial restrictions, are an integral part of this agreement.

 

12. ACCIDENTS

In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Lesse must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.

The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.

 

13. PERSONAL BELONGINGS

The Rental Company is not liable vis-à-vis the Renter or any passenger for the loss or material damage regarding the personal goods stored in or transported by the motorcycle during the rental period or after the agreement expires.

 

14. APPLICABLE LAW AND COMPETENT COURT

This agreement is governed by the Spanish law, and any dispute arising from its interpretation and/or implementation must be settled by the Court of Toledo, with express waiver of any other.

 

15. CHARGES OVER CREDIT CARDS

The Renter, upon the signature of this agreement, allows the Rental Company to block in the credit card stated by the Renter the agreed amounts or the pending amounts in case of termination of this agreement (namely deductibles and outstanding payments), due for lack of rental payment, damage to the motorcycle not covered by the insurance, or any other issues awarded to the Renter under the terms and conditions of the agreement, informing on the concerning charges.

 

16. PERSONAL DATA

The personal data of the Renter will be processed in a file called client, from the responsibility of the Rental Company. The treatment of the Renter´s personal data is necessary for the development of the commercial relationship between Renter and Rental Company and may be assigned to third parties to fulfil legal obligations under the legislation in force. The Renter may exercise his right of access, rectification, opposition and suppression of data, in writing to the address indicated in this agreement at the head office of the Rental Company or to the e-mail address hertzride@hertz.pt. The Rental Company guarantees to the Renter that all personal data contained in this agreement will be used in accordance with the provisions of Law 15/1999 of 13 December on the protection of personal data.

Similarly, in accordance with the requirements referred to in Article 39 of Royal Decree 1,720 / 2007, of December 21, approval of the regulations implementing Organic Law 1571.999 of December 13, Data Protection approved personal character, Renter specifically authorizes, in case of payment default, that Rental Company informs his/her personal data to ARAC - Associação dos Industriais de Aluguer de Veículos Automóveis Sem Condutor, to include in the defaulting clients database and subsequently disclose to the associated companies.

 

17. VALIDITY OF THE AGREEMENT

Any amendment to the terms and conditions of this agreement shall be specifically laid down in writing, otherwise it shall be considered as null and void.

_

 

FRANCE

HR France – Location des Véhicules et Mobilité, SARL, head office at 41 Boulevard Maître Maurice Slama, à Nice (06200), registered at the Commercial Registry Office of Nice under the number 820 227 999 (hereinafter referred to as Rental Company) rents the identified vehicle (moped or motorbike) through this rental agreement, under its specific terms and conditions and also under the following terms and conditions.  

This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.   

 

1. STATE OF THE MOTORCYCLE

The Renter acknowledges to have received the motorcycle in good working and cleaning order, including both tyres, and shall return it under the same conditions, together with the motorcycle's keys, equipment, tools and/or accessories, in the place and date mentioned in the rental agreement.   

It is strictly forbidden for the Renter to modify any technical features of the motorcycle, the keys, equipment, tyres, tools and/or accessories of the motorcycle, as well as any aesthetic change. In case of breach of this clause, the Renter is liable for any expenses, on duly justified grounds, regarding the reconditioning of the motorcycle to its original status, as well as for a compensation arising from the vehicle immobilisation during reconditioning, to be calculated according to rental days.  

If the motorbike is used in breach of the provisions of this agreement, the Rental Company may terminate the agreement and take over the motorcycle, at any time and without prior notice, at the Renter's cost. 

 

2. DURATION

The minimum rental term is one day, equal to the period of 24 hours counting from the beginning of the rental.

If the Renter wishes to extend the Motorcycle rental period set out in the rental agreement, the Renter must request an express written authorization to the Rental Company. Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement.

If the motorcycle is under circulation outside of the agreed period, without express authorization of the Renter, the rental agreement and other integrated services shall expire. 

 

3. CONSIDERATION AND DEPOSIT 

The rental price, as well as the deposit amount, are determined by the rates in force at the date of execution of the rental agreement. The agreed payment method is the credit card.  The payments made in cash or by debit card require prior authorization of the Rental Company.  If the payment in cash is authorized, the Rental Company reserves the right to request one or more credit cards to the Renter as guarantee. 

 

4. BOOKING CONDITIONS

The booking of the motorcycle requires the payment by the Renter of monetary amount as a reserve deposit corresponding to 25% of the rental. The Rental Company reserves the right to make the availability of the motorcycle conditional to the effective demonstration by the Renter of the payment of the reservation deposit.

The rental must be made within a maximum of 12 months from the date of reservation.

 

5. CANCELLATION POLICY AND REIMBURSEMENT

The Rental Company reserves the right not to reimburse any booking-related amounts, after its cancellation by the Renter.

 

6. LIABILITY OF THE RENTER

Subject to the provisions under sub-paragraphs (I) and (II), in case the motorcycle is lost, damaged or stolen, as well as its parts, during the rental period, the Renter shall pay Rental Company at its request the amount of all costs and losses, including without limitation repairs costs, replacement costs, depreciation costs, the loss of rental revenues, towing and collection costs according to our current prices as maximum deductible (check price list at the counter). 

B) The liability of the Renter is limited, under the terms mentioned below, to the compliance with the agreement by the Renter, and the loss and damage cannot be caused by wilful intent or gross negligence of any authorized driver or non-authorized driver.  

  1. The liability in case of lost or damaged motorcycle (except if stolen) is limited to the amount of the minimum deductible set out by the current price list of the Renter. 
  2. The liability in case of lost or damaged motorcycle resulting from theft is limited to the full amount of the maximum deductible set out in the agreement.  

 

7. LIABILITY OF THE RENTAL COMPANY

The Rental Company is not liable for any loss or damage incurred by the Renter, except in case of negligence. Under no circumstances may these terms exclude or restrict the liability of the Rental Company in case of death or personal injury arising from negligence or any other liability that may not be legally excluded.

 

8. CHARGES

Any charges foreseen by this agreement are calculated pursuant to the current price list of the Rental Company and based on the use of the motorcycle by the Renter as specified below.

 The Renter agrees to pay or reimburse the Rental Company, at its request, the following amounts:

  1. rental of the motorcycle, as well as other supplements such as the options: additional drivers; delivery and collection; rental and delivery at a different station; airport service fee; washing; out-of-hours service. The price of the above-mentioned supplements and services are laid down in the price list at the counter. If the Renter returns the motorcycle to the Rental Company more than 29 minutes after the scheduled time of return, the latter reserves the right to charge any extra rental day to the Renter at the applicable daily fee;
  2. any cost to be borne by the Renter under clause 3 a) and any reference to the circulation supplement;
  3. the costs regarding fuel absence and concerning administrative fee, if the motorcycle is returned without the fuel tank refilled; 
  4. the administrative costs in terms of management of the issuing process regarding the motorcycle documentation lost by the Renter;
  5. the towing costs to the Rental Company nearest station, unless if the Rental Company is liable for the immobilisation;.
  6. the damage caused to the tyres other than their normal wear and tear or accidental fat tyres;
  7. applicable tax at the current rate;
  8. if the Renter defaults, he/she must pay, without need of formal notice, the late-payment penalty at the applicable legal rate, besides the agreed charges; 
  9. all expenses including the immobilisation of the motorcycle, whenever it is seized by the police authorities. 

All claims and objections regarding the above-mentioned charges must be informed to the Rental Company no later than 30 days after the bill is received, period after which the bill is considered as final.

The Renter authorizes that the rental charges are charged from the credit card stated at the beginning, as well as other charges directly or indirectly related with the motorcycle rental, even after its return and according to the Terms and Conditions of the agreement. 

 

9. INFRACTION TO THE TRAFFIC/CIRCULATION REGULATIONS

During the motorcycle rental period, the Renter is liable for all fines related with infractions to traffic, circulation, parking and toll rules, as well as for the consequences and responsibilities arising from them. The Rental Period shall charge an administrative work supplement (check the amount in the price list at the counter) if the Renter is liable for any fines during the rental period, without prejudice to the payment of the amount of such fines. The Rental Company shall provide to the Renter, at his/her request, a copy of the notices served regarding infractions to traffic, parking and/or toll rules.

 

10. USING CONDITIONS

The Renter must take care of the motorcycle, ensuring that it is parked safely and filled with the adequate fuel according with the manufacturer's recommendation.

The Renter shall regularly review the oil and water levels, the tyre pressure and any other parameters and basic elements to drive the motorcycle.

  1. The Renter shall not use or allow the use of the motorcycle in the following circumstances: Transport of passengers or cargo against payment;
  2. Push or tow any motorcycle or any other object;
  3. Participate in any race or competition, official or non-official, or drive the motorcycle outside paved roads;
  4. While the driver is under the influence of alcohol, drugs or any other substance that may reduce perception or the ability to react; 
  5. Freight transport against the law or with unlawful purpose;
  6. Transport of passengers exceeding the authorized number and as stated in the technical inspection manual of the motorcycle;
  7. Freight transport exceeding the authorized weight, quantity and/or volume in technical inspection manual of the motorcycle.
  8. Transportation of goods classified as hazardous or special by the current transportation laws.
  9. Do not use or allow the use of the rented motorcycle as a way or a tool to commit a crime, punished, forbidden or sanctioned practices by the law, aid criminals or receive objects regarding crimes.
  10. The infringement of any road traffic, circulation and safety regulations.
  11. Do not comply with the minimum requirements set out in our current price list regarding age and valid drive's license.
  12. By any person that is not the authorized driver or being, does not comply with the minimum requirements of the Rental Company regarding the age and valid driver's license. In such cases, the Renter is also liable for the use of the motorcycle and must compensate the Rental Company according with the agreement. 
  13. Drive the motorcycle in non-EU countries, excluding Bulgaria and Romania. The motorcycle may be driven in Switzerland and Norway. 
  14. For sub-rentals.
  15. The Renter is liable for any damage, regardless the hired coverage, caused by the motorcycle in case of circulation outside the territory authorised and foreseen in sub-paragraph m) above. 

Only the person or set of persons identified and acknowledged as drivers by the Rental Company may drive the motorcycle. 

The Renter warrants to the Rental Company to lock and block the steering, whenever the motorcycle is not under circulation, and keep its documents.

It is strictly forbidden for the Renter to dispose of, mortgage, exercise a lien, sell or pledge the motorcycle as security, equipment, tools and/or accessories and any part thereof, or deal with the motorcycle in such a manner that causes damage to the Rental Company.

In the Iberian Peninsula, unless otherwise specifically authorized by the Rental Company, the transfer of the motorcycle to the islands is forbidden. The breach of this provision allows the Rental Company to take over the Motorcycle, without entitlement to any justification or compensation.   

 

11. INSURANCE

The Rental Company provides insurance coverage to the person or set of persons using the motorcycle with authorization provided by the Rental Company (and only in this case) under the terms of the public liability insurance policy, which can be consulted in the station at request of the Renter. The policy complies with all applicable legal requirements and covers the owner, the Renter and/or any other authorized driver, against third-party claims for personal or material damage caused by the motorcycle. The conditions of the insurance agreement, including any territorial restrictions, are an integral part of this agreement.

 

12. ACCIDENTS

In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Lesse must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.

The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.

 

13. PERSONAL BELONGINGS

The Rental Company is not liable vis-à-vis the Renter or any passenger for the loss or material damage regarding the personal goods stored in or transported by the motorcycle during the rental period or after the agreement expires.

 

14. APPLICABLE LAW AND COMPETENT COURT

In case of litigation, the Parties agree, in first instance, to reach an amiable solution for the dispute that arises out of the formation, interpretation or execution of the agreement. If they do not reach an amiable solution, the parties agree to submit the dispute to the Nice Commercial Court.

 

15. CHARGES OVER CREDIT CARDS

The Renter, upon the signature of this agreement, allows the Rental Company to block in the credit card stated by the Renter the agreed amounts or the pending amounts in case of termination of this agreement (namely deductibles and outstanding payments), due for lack of rental payment, damage to the motorcycle not covered by the insurance, or any other issues awarded to the Renter under the terms and conditions of the agreement, informing on the concerning charges.

 

16. PERSONAL DATA

The Renter authorizes the storage and processing of his/her personal data as included in this agreement by the Rental Company, and also its communication to the companies belonging to the Hertz Group, as well as to its commercial partners, for the same collection purposes, including statistical analysis, marketing, client satisfaction surveys, marketing of services provided by the Rental Company and credit control.

In case of breach of this agreement by the Renter, the personal data may be disclosed or communicated to third parties as needed to seek compensation regarding the non-compliance.  The Renter was informed of his/her rights regarding data according to the law, namely the right of access, correction, update or amendment and the right to oppose to the use of his/her personal data for marketing or data mining purposes, through letter with acknowledgement of receipt sent to Hertz Ride,  Av. Severiano Falcão, Nº 7 – 7ª, Edifício Hertz, 2685-379 Prior Velho, Portugal, or to the e-mail address hertzride@hertz.pt.

 

17. VALIDITY OF THE AGREEMENT

Any amendment to the terms and conditions of this agreement shall be specifically laid down in writing, otherwise it shall be onsidered as null and void.

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