November 19th, 2017
These rental conditions form an integral part of the contract for motorbike use between Canarymoto S.L. (renter) and the client (rent payer). Deviating or supplementary aggrements, which must be in written form to be legal, are reserved.
1. Minimum Age
Minimum age for persons renting a motorbike is 23 years.
3. Payment and cancellation are regulated by Canarymoto S.L's general terms and conditions of business.
4. Obligations of the rental payer/driver
The driver has to handle the motorbike with care, and in particular, to comply with technical regulations and operating instructions and to ensure road safety. The driver is required to check oil and water levels, tyre pressure and drive chain tension at regular intervals throughout the rental period. The driver has to comply with all legal provisions, in particular the road transport laws. He is liable for all administrative payments, fines and penalties which are due to his use of the motorbike.
In particular, the driver is forbidden from doing the following:
5. Obligations and liability of Canarymoto S.L.
Canarymoto S.L. delivers the motorbike in perfect working order, cleaned, and in an operationally safe and roadworthy condition; the seals attached to various components are undamaged. Also the driver is given the motorbike´s papers and the relevant tools, Canarymoto S.L. will only recognise pre-existing damage if this has been recorded in written form in the rental agreement prior to delivery. Should any repairs become necessary during the rental period for reasons for which the driver is not responsible, in order to restore the operation or roadworthiness of the motorbike, the driver may instruct an authorised repair centre of the motorbike manufacturer to perform the repair, up to a cost of 100 euros. The original receipts for the repair costs are to be presented to Canarymoto S.L. If the estimated repair costs exceed 100 euros, the consent of Canarymoto S.L. must be obtained before proceeding with the repair order. Repair of tyre damage is generally a matter for the rental payer. The liability of Canarymoto S.L. for non-fulfilment and default is limited to one-and-a-half times the rental price. Further claims are excluded, irrespective of the legal basis, unless the damage to the rental payer is due to intent or gross negligence on the part of Canarymoto S.L.
6. Liability of the driver for damage
The driver is liable to Canarymoto S.L. from take over until delivery of the motorbike, including slight negligence, with regard to loss (including the mislaying or confiscation of the motorbike), and for all damage (such as accident or operational damage, damage as a consequence of improper treatment and damage that constitutes a reduction in value) which goes beyond normal motorbike use during the rental period. In case of damage to the rented motorbike, the driver is liable for repair costs, recovery and return costs, technical expert costs, technical and commercial depreciation, loss of rental income during the repair period, or, in case of outright loss, during the period until replacement is rendered, actually incurred or established by way of expert appraisal. A daily charge is payable for each day lost of rental income. The driver retains the right to demonstrate a lower level of damage. The driver is furthermore liable for additionally borrowed accessories.
7. Behaviour in the event of accidents and other damage
For every occurrence of damage, including damage or accidents that occur without the involvement of a third party, the driver is obliged to inform Canarymoto S.L. immediately by telephone. Towing and/or repair services should only be engaged after consultation with Canarymoto S.L. In the event of an accident, the police must be called immediately in all cases. Evidence (witnesses, physical evidence, etc.) is to be secured, the personal data of the persons involved recorded and all other steps taken which can contribute to establish a proper and complete appraisal of the events leading up to the accident.
The driver is committed not to sign any confession statement nor to perform any other actions (such as rendering payments or settlements) that could endanger the insurance cover.
8. Insurance cover
Furthermore, the rent payer is expressly informed that despite the full-coverage insurance, he will still be liable for damage in the following cases, i.e. if he or his assistant:
9. Returning the motorbike
The motorbike is delivered fully fuelled, clean, in perfect working order, and without discernible defects. The driver has to return the motorbike in the same condition at the end of the rental period at the agreed location and at the agreed date and time; complete with all motorbike papers, keys, tools and accessories. Replacement of lost tools, keys and/or papers will be payable by the driver at a cost of 100 euros each. If the motorbike is returned in a heavily soiled state, the driver will be required to pay the cost of cleaning the vehicle.
If the agreed return time is exceeded by more than two hours, the driver is obliged to pay a further day's rental charge in compensation. The driver retains the right to demonstrate that Canarymoto S.L. has incurred either no or a significantly lower degree of damage from the excess rental period.
Canarymoto S.L. may terminate the rental agreement without notice if important reasons arise that render a continuation of the rental agreement unreasonable. Examples of such important reasons would in particular be the rendering of false information by the rent payer regarding his person or his creditworthiness, and the severe violation of contractual obligations. In the case of immediate termination of the agreement, the rented motorbike has to be returned immediately, even if the regular rental period has not yet passed. This has no effect on any claims for compensation on the part of Canarymoto S.L..
10. Final Provisions
No supplementary agreements or amendments to this rental agreement have been made. All contractual agreements must be in writing. This also applies to 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 undertake 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 rental conditions is legaly binding. These translations thereto are not legaly binding.