November 19th, 2017
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General Terms and Conditions
 

These General Terms and Conditions are basis for the rental agreement between Canarymoto S.L. (renter) and the client (rent payer).
They refer to the renting of motorbikes.
To all related services (Incentives, organised tours, etc.) apply the respective terms and conditions of the responsible organiser. Deviating or supplementary arrangements, which have to be in writing, are reserved.

 
1. Conclusion of a contract  

The rent payer is able to book the requested motorbike by phone, fax, internet, email or in written form. Afterwards the rent payer will receive a written booking confirmation.

 
2. Prepayment - Payment of balance - Deposit  

After the receipt of booking confirmation, a prepayment of 25% of the rental price (min. one-day rent of group '3 days') is due.

  • The prepayment has to be transferred to one of the listed bank accounts within 8 days after having received the booking confirmation.
  • The booking is only valid upon receipt of the prepayment to one of the listed bank accounts.
  • The final payment has to be done latest when taking over the motorbike.
  • The deposit of 950,- €uro is due latest when taking over the motorbike (cash or by credit card).
3. Service and Price

The booking confirmation from Canarymoto will show all contractual services in detail as well as the total price. Singular services, which are not included in this list but asked for by the rental payer, either when concluding the agreement or when taking over the motorbike, have to be paid separately.

The rental payer has the right to receive the requested type of motorbike. The motorbike can vary from the model shown online concerning colour and equipment. The latter is not considered a change in service. In case that the requested motorbike is not available, for reasons Canarymoto is not responsible for, the rental payer will receive an offer to the next higher category which is free of charge. If the motorbike belongs already to the highest category, the rental payer will be offered an alternative motorbike from the same category. Claims of compensation of any other type are not possible.
 

4. Withdrawal from the contract by the rental payer  

The rental payer can withdraw the contract at any time by a written statement. In this case, Canarymoto has the right to charge a withdrawal fee in the amount of the prepayment. In case the final payment has already taken place, this amount will be reimbursed to the client. The same regulation is valid, in case the rental payer does not show up or shows up too late on the agreed date of the take-over.

In case of an earlier return of the motorbike on the part of the rental payer, Canarymoto is not obliged to refund part of the rent price.
 
Furthermore the rental payer has the liberty to prove and show that disadvantage to Canarymoto is less. Changes in booking concerning
rental period and/or type of motorbike is only possible with agreement by Canarymoto and after the withdrawal from the existing contract and followed by a new booking. Already paid advance payments will be accredited to the new rental contract.
 
5. Withdrawal from the contract by Canarymoto S.L.  
In case of reasons that are not within the sphere of influence by Canarymoto (vis major, strike, terrorist attacks, catastrophes, etc.), a confirmed booking can be cancelled. Payments that have already been made will be fully reimbursed. Further claims do not exist.
 

Furthermore, the rental agreement may be cancelled on the part of Canarymoto, if the rental payer does not meet his obligations. The motorbike will then be withdrawn. In that case there will be no reimbursement of the rental price.
 
6. Observance of regulations  

The rental payer is responsible for the observance of the regulations concerning the respective road traffic regulations. The rental payer drives at his own risk and is personally responsible for fellow passengers and any damage caused to other traffic users.

 
7. Passport, Visa, Health Regulations, Driving Licence Regulations  

The rental payer is responsible to observe the regulations concerning passport, visa, health, driving licence and traffic rules of the Canary Islands. If the rental payer, because of disregarding these regulations, cannot take over the rented motorbike or has to return the motorbike earlier, Canarymoto can not be made responsible and is not obliged to reimburse the rental payers payments.

 
8. Liability

Within the scope of duty and care, Canarymoto is responsible for the careful technical maintenance of the motorbikes. The liability is limited to the amount of the rental price. In case of a motorbike’s failure during the period of rent, Canarymoto endeavours to replace it. However, Canarymoto is not obliged to do so.

 
9. Complaint files
The rental payer is obliged to communicate possible failures or damage immediately to Canarymoto and undertake any reasonable measure to minimise the damage.

 
10. Place of jurisdiction  
The place of jurisdiction for both contract parties is Santa Cruz de Tenerife (Canary Islands).
 
11. Final Provisions  

All contractual agreements need to be in written form. This also applies for the lifting of this clause.

Should any provision in this contract be or become wholly or partly ineffective, this will not affect the validity of the remaining provisions. The contract parties are indepted to substitute ineffective provisions with regulations that come as close as possible to the commercial purpose of the ineffective provision.
 
- The original spanish documentation of the general terms and conditions is legaly binding. These translations thereto are not legaly binding.

 

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