GENERAL CONDITIONS OF RENT - RENTAL AGREEMENT 2018
The following are general conditions of the rental agreement concluded between the company (Bullimoto SL CIF : B57916744, herein after Bullimoto) and Client. The identification details of the client is listed on the Rental Agreement. The following is a translation and is for information purposes only. The General Conditions of Rent given in Spanish is the legally valid document.
ARTICLE 1. USE AND STATE OF VEHICLE
1.1 The client receives the vehicle described on 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. Any damage caused to the rented vehicle shall be paid in accordance with the Repair Costs and Parts List displayed in the shop, which the client confirms to have read and fully understand
1.2 The vehicle may only be driven by the client him/herselfor 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 corresponding to the vehicle category, and for the country of the rental and in effect, and must exchange the driving license issued abroad when so required by current legislation.
1.3 It is forbidden to drive on the highway with a scooter 50cc. The client can drive on a highway with a 125cc and 300cc
1.4 It is forbidden to transport the vehicle on board of any ship, train, truck or plane (unless expressly authorized written by Bullimoto).
1.6 Any damages caused by the client 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 Bullimoto to withdraw the vehicle from the client and to charge him the corresponding repair costs or other costs resulting from occurred damages in accordance with the Bullimoto Repair Costs and Parts List.
1.7 If the scooter gets lost or stolen, the Client must present the keys of the scooter and the police theft complaint, otherwise the client must assume the máximum excess of 800,00 euros.
ARTICLE 2. PRICE, DURATION AND EXTENSION OF RENTAL
2.1 The rental price corresponds to the price indicated in the rental contract is agreed with the client at the moment of signing the contract, according to the selected tariff.
2.2 The rental price includes the obligatory general liability insurance of vehicles.
2.3 The deposit meant to cover any damage arising from this contract will be returned to the customer only when Bullimoto finds that there is no fair reason to deduct from it under the provisions of the General Conditions of Rent. After the return of the scooter by the client to the shop from where it was originally rented, Bullimoto will return the deposit to the same card (if the rental period is less than 28 days) or bank transfer to the bank account of the client (if the rental period exceeds 28 days).
2.4 In any case the deposit paid at the beginning of the rental can not 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 Bullimoto and immediately pay the additional amount for such an extension.
2.5 The client shall return the vehicle at the agreed return date, time and place specified in the contract. If the vehicle is returned after the time given on the Contract an extra days rental charge will be applied together with a fine of 50,00€ for each day of delay in returning the vehicle. If the client is not at the selected delivery / collection location to collect/return the vehicle within 15 minutes of the given time they will be charged accordingly, unless Bullimoto is notified in writing.
2.6 The rental service is considered finished once the vehicle and the keys have been handed over to Bullimoto, during office hours at the shop it was rented, and under the conditions stipulated in the contract.
2.7 The scooter rented can not be used for professional or commercial purposes unles previous agreed with Bullimoto
ARTICLE 3. PAYMENTS
3.1 The client agrees to pay to Bullimoto:
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.
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 client 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, Bullimoto will charge the client an amount of 25,00 euros for the administrative procedures.
c) An amount of 75,00 euros in the case that a Bullimoto 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.
3.2 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 4. INSURANCE, THEFT, LOSS AND DAMAGE TO THE VEHICLE
4.1 The rental price includes liability insurance covering damage to third parties and passengers without existing excess or maximum responsibility (Basic Coverage).
4.2 For other risks (theft, loss, damage to the vehicle) there is an excess or maximum responsibility to be paid by the client of 800,00 euros. Loss or damage of the accessories (keys, helmets, etc.) and hired extras (Top case, Helmet, gloves, Windshield, Blanket, etc.) are not covered by the excess and are charged according to the Bullimoto Damage Repair Costs and Parts List which the client confirms to have fullt read and understand.Bullimoto has the right to debit those costs directly from the deposit and in case the deposit should not cover those costs, the lessor is authorized to charge the difference on the indicated credit card without the necessity of the client to sign anew. The client authorizes this process by signing the rental contract.
4.3 In case of an accident with another vehicle, the client shall take note of all the details of all other parties involved in the accident. The deposit shall be retained by Bullimoto until the insurance company confirms the submitted data is correct and agrees to cover the accident in question.
4.4 The client and their passengers specifically understand the risks involved in renting a motorcycle or scooter, and confirm they have the necessary experience and knowledgeto ride the motorcycle without risk to their inegrity, passengers, or third parties.
4.5 Bullimoto shall not be liable, under any circumstances, for any hospilization or medical costs.
4.6 If the vehicle is returned and requires cleaning due to fluids, creams, food, sand or anything else outside the usual usage of the vehicle, a fee of 20,00 euros will be charged.
ARTICLE 5. ROAD ASSISTANCE
5.1 If the bike cannot be driven, or cannot be started, the customer has to call the company roadside assistance. This number is also found inside the vehicle on a instructions leaflet along with documentation of the bike.
5.2. 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 client 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.
5.3. Bullimoto shall charge to the customer 50,00€ if the client misuses the roadside assistance service: (I) lost keys or helmets, (II) lack of gasoline (fuel) , (III) red 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.
5.4 If Bullimoto is required to collect a vehicle due to the client leaving the vehicle unattended, a charge of 60,00 euros will be charged.
ARTICLE 6. MAINTENANCE AND REPAIR
6.1 The Customer is not to order the repair of the vehicle, unless authorized by Bullimoto.
6.2 Tyres are the sole responsibility of the client. If repair or replacement is necessary due to damage or puncture the cost will be paid by the client.
6.3 It is customer’s responsibility to stop the vehicle when a malfunction of the vehicle is detected and contact Bullimoto or the road assistance service.
ARTICLE 7. FUEL
7.1 The fuel consumed during the rental period is paid by the customer.
7.2 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'.
7.3 The scooter has to be returned with the same fuel level as previously marked in the contract. If the scooter is not returned with the same fuel level, Bullimoto will charge 15,00 euros
ARTICLE 8. INCIDENTS
8.1 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.
8.2 Non-delivery by the client to Bullimoto of the Declaration of Accident, will involve a minimum charge of 30 euros, payable to Bullimoto, whatever the cost of the damage to the vehicle at the time of its return. This amount in any case may be altered by Bullimoto . In any case, the deposit will be retained until the client has clarified which party is responsible for the accident and, therefore, who is responsible for the damages to Bullimoto’s vehicle
8.3 If in case of an accident, the vehicle is not suitable for driving, Bullimoto will retain the deposit until completion of the formalities of damage expertise. In this case, the customer has no right to courtesy vehicle.
ARTICLE 9. 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 10. ELECTRONIC PROCESSING OF PERSONAL DATA
The client 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 client has the right to access, correct and cancel his personal data by a petition in writing to the lessor at email@example.com.
ARTICLE 11. APPLICABLE LEGISLATION AND JURISDICTION
11.1 The present contract will be valid and interpreted according to the Spanish laws.
11.2 This contract between the client and Bullimoto will fall within the competence/jurisdiction of The Courts of Palma de Mallorca and the client waives any other jurisdictional rights to which they may be entitled.
ARTICLE 12. RESERVATION CANCELATION POLICY
If the cancellation is made with a notice of more than 48 hours, 100% of the paid amount is refunded. If notice is given of between 48 and 24 hours, 50% of the contract total, or 1 days rent (whichever is greater) will be charged. For cancellations made within 24 hours of the rental start date no refund will be given.
ARTICLE 13. DEPOSIT
The client shall pay Bullimoto a deposit of 350 euros to cover any damages that the lessor might suffer as stipulated in this contract. The aforementioned amount will only be returned to the client if there is no reason for Bullimoto (as stipulated in these General Conditions) to deduct any part of it.
ARTICLE 14. VESPA REPLACEMENT
Bullimoto shall replace the rented vehicle with no additional cost under the following circumstances:
a) Accident not caused by the client
b) Mechanical failure not attrubuted to the client
c) Theft, upon delivery of a formal pólice report and the keys