FOR THE RENTAL OF MOTORCYCLES
ZM Moto Biking S.L., headquartered at Calle Camino Angostura de la Capellania, Parcela 2, Nave 1, 29130 Alhaurín de la Torre, under number B-01770700 (hereinafter "Owner"), rents the aforementioned vehicle (motorcycle) under this Rental Contract and under the specific conditions applicable.
This document contains all the rental conditions of the lease agreement entered into by the Owner and the Renter, and the Renter should read it carefully. If the renter does not understand any of the provisions contained in this document, he/she should ask the supporting representative of the owner for the relevant explanation.
- 1A) "Additional Mandatory Fees" are separately identified fees that you are required to pay for the rental or lease of the motorcycle for the period of time for which the Rental Rate is in effect and that are imposed by a governmental entity and that relate specifically to the operation of a rental car business. Additional mandatory fees include a customer facility fee, airport concession fee, tourism commission fee, or other government-imposed taxes or fees.
- 1B) "Agreement" means all of the rental conditions in this contract, the "Rental Agreement," the "Vehicle Condition Report," the Invoice, the Assumption of Risk and Release ("Release"), and any other addenda that we provide (and that you sign) at the time of rental.
- 1C) "Authorized Driver" means a driver who is authorized to use the motorcycle. Except as expressly authorized by applicable law, only the owner and an additional rider listed by us on the first page of your agreement at the time of rental are authorized to ride the motorcycle. Each authorized driver must: (1) hold a valid driver's license in the country of my permanent residence authorizing such person to drive a motorcycle with such power; (2) be at least 25 years of age; and (3) have at least three years of experience driving motorcycles with such power. These conditions may change depending on the motorcycle named.
- 1D) "Charges" means the duties and fees payable under this Agreement. All amounts stated in this Agreement are payable in Euros.
- 1E) "Diminished Value" means the difference between the fair market value of the motorcycle before damage or loss and its value after repair, as calculated by appraisal performed by us or by a third party on our behalf.
- 1F) A "loss of use" occurs when we are unable to continue to use the motorcycle for our purposes during the rental period due to damage to the motorcycle or its loss. This includes use for rental, display for rental and/or sale, ability to refit or sell, or transportation of employees.
- 1G) "Motorcycle" or "Vehicle" means the motorcycle designated in the Rental Agreement and any vehicle with which we replace it, and all tires, tools, accessories, equipment, devices, keys and vehicle documents.
- 1H) "Rental Period" means the period between the time you pick up the motorcycle and the time the motorcycle is either returned to us or picked up by us and checked in by us.
- 1I) "Rental Portfolio" means a document available for your review at the Rental Location containing detailed information about the motorcycles offered for rent and an updated price list of daily rentals and other fees ("Price List"). The Price List is subject to change.
- 1J) "Motor Vehicle Tax" or "Prorated Motor Vehicle Tax" means the prorated cost in the Annual Motor Vehicle Tax, based on the estimated daily rate per vehicle of our total Annual Motor Vehicle Tax, plus the cost of the Certificate of Title/Motor Vehicle License and registration fees, or as otherwise defined under applicable law.
- 1K) "You," and "your(s)" represents the person identified as the "renter" and any authorized driver.
- 1L) "We", or "us/them/they" stands for ZM Moto Biking S.L.
2) BOOKING CONDITIONS
- 2A) Driver's License: Both the renter and all additional riders must present a valid, unexpired driver's license for the class of motorcycle rented (including all required endorsements) in their name. If your driver's license was not issued in Europe, you must also present an international driver's license. Riders must be at least 25 years old and have at least three years of riding experience on a motorcycle of this power. These conditions may change depending on the motorcycle mentioned.
- 2B) Establishment of identity: passport or identity card
- 2C) Credit Card: The renter must have a credit card (VISA or MASTERCARD) in their own name when picking up the motorcycle (American Express, Dinners, Prepaid Credit Card, Charge Card or Cash Cards are not accepted). At the time of rental, you must provide us with an authorization (block) for your credit card for the deposit/guarantee for the deductible. The card must have sufficient coverage for the block during the rental period. We will also charge any additional fees, local taxes, optional equipment rented from you, or anything else you purchase at the rental counter at the time of rental to the credit card. Cash deposit is possible by arrangement.
- 2D) Roadside Assistance: Roadside assistance is available 24/7 in the country of origin. Please ask for details before or at the time of rental.
- 2E) Payment information: 1 month prior to the reservation, the renter shall pay a sum of money as a booking deposit in the amount of 50% of the rent. The Owner reserves the right to make the availability of the motorcycle conditional upon proof of actual payment of the booking deposit by the Owner. The rental must be made within a maximum of 12 months from the date of booking. Please note that the total amount payable at the time of pickup will be charged in local currency. Amounts in other currencies are given for information purposes only.
- 2F) Extensions, Modifications, Cancellations and No-Shows: If you wish to extend or modify your rental agreement beyond the pick-up date and time indicated on this reservation confirmation, you must contact ZM Moto directly at email@example.com, whether or not you actually picked up the motorcycle. An extension or change to your rental agreement prior to the start of the rental (i.e., prior to the pick-up date and time indicated in this reservation confirmation) can only be arranged by sending an email to ZM Moto. Please note that changing your reservation may result in a change to your rental price or additional or higher fees due to changes in rental duration or type of motorcycle rented. If your scheduled pick-up time is less than 48 hours and you wish to change your reservation, please call us (+34 951 48 33 34 / +34 633 07 29 82). If the rental price changes due to changes (e.g., pick-up or drop-off location, motorcycle group or rental duration), you will be charged the current published price at that time, which may be different or higher than the originally booked price. In addition, if the original reservation was associated with a promotion or discount, you may no longer be eligible for any associated price reduction, so the revised reservation may be significantly more expensive. You will not receive a credit or refund if you return the rented motorcycle earlier than scheduled.
- 2F1) Changes: Changes to reservations can only be made by emailing our Contact Center at firstname.lastname@example.org. The total estimated cost will be recalculated based on availability and pricing at the time of the change. The total cost may be higher or lower than the original booked price. This policy applies to changes in: Drop-off location, pick-up date and time, drop-off time and date, motorcycle group, any other additional products.
- 2F2) Cancellations: If you wish to cancel your reservation, you must notify ZM Moto in writing at email@example.com prior to the start of your rental - cancellation fees may apply. Payment made at the time of reservation will only be refunded if the reservation is cancelled at least 30 days prior to the scheduled pick-up date.
- 2F3) No-Show: ZM Moto reserves the right to refuse the motorcycle to users who fail to arrive on time (granting a 30-minute "grace period"), fail to provide all required documentation and/or information, fail to provide a credit card with sufficient coverage for the deposit, or if the rider appears to be under the influence of alcohol, drugs, or other substances that impair his/her perception or reactions, or otherwise appears unfit to operate the motorcycle. In such cases, unless the rental agreement has been cancelled in advance, the renter will be considered a "no-show" and will not be entitled to a refund. Rates are based on the pick-up and drop-off times and dates agreed upon by the user prior to the start of the rental. If the user picks up the motorcycle later or returns the motorcycle earlier, the user will not receive a refund for the unused hours or days.
- 2G) Extras: All extras, additional equipment and services, including GPS, helmets, communication system and low seats, are subject to local availability, which cannot be guaranteed. All additional optional equipment is provided "as is" and you are responsible for knowing how to use and/or install the optional equipment.
3) CONDITION OF THE MOTORCYCLE - HANDOVER / RETURN
The renter confirms receipt of the motorcycle in perfect and clean condition, including both tires, and undertakes to return it to us in the same condition (with its keys, equipment, tools and/or accessories) at the place and date indicated in the rental agreement.
It is forbidden to change technical features of the motorcycle or its keys, equipment, tires, tools and/or accessories, or to make any aesthetic change to the motorcycle. If you violate this provision, you will be responsible for all costs incurred by us to restore the motorcycle to its original condition and, to the extent permitted by law, for consequential and incidental damages resulting from our inability to use the motorcycle during the repair.
To the extent permitted by law: (a) we may repossess the motorcycle at your expense without prior notice to you if it is left behind or used in violation of the law or this Agreement; (b) if the motorcycle is not returned 48 hours after the date and time specified in the rental agreement, it will be considered misappropriated and may be reported to the police as stolen. Failure to return the motorcycle may constitute a criminal offense punishable to the full extent of applicable law.
4) RENTAL TERM
The minimum rental period is one day. A "day" is a 24-hour day beginning with the date and time specified in the rental agreement. If you return the motorcycle more than 29 minutes after the scheduled return time, we reserve the right to charge you for an additional rental day at the applicable daily rate as stated in the price list. If you wish to extend the scheduled rental period, you must obtain our express written permission and pay the estimated additional charges prior to the scheduled return time. Under no circumstances may the deposit be used as a means of payment in the event of an extension of the rental agreement. If you fail to return the motorcycle on time and continue to use it without our express permission, we may terminate this agreement and you will be solely responsible for payment of any fines or penalties assessed against you, the motorcycle or us for failure to maintain updated records.
5) RENTAL PRICE AND DEPOSIT
The daily rental price as well as the deposit amount are based on the price list valid at the time of conclusion of this contract. The standard payment method is credit card. Payment by cash or debit card requires our prior approval and may be subject to additional terms and conditions. If we approve cash payment, we reserve the right to require one or more of the renter's credit cards as a guarantee. You authorize us to reserve on your payment card (or, if we request, a cash deposit) at the time of rental a reasonable amount in addition to the total estimated cost. You permit us to reserve on your payment card (or, if we so elect, require a cash deposit) at the time of rental a reasonable amount in addition to the total estimated cost. We may use this reserve or deposit to pay all charges. We will authorize the release of any excess reserve (or return of a cash deposit) at the conclusion of your rental if no additional charges apply. Your card issuer's rules apply to the crediting of excess funds to your account. These may not be released immediately by your card issuer.
All charges are based on our current price list, which you can view at the rental counter. All charges are payable in Euros. You pay us all charges at or before the rental or upon request, including:
- 6A) Daily rental rate for the rental period, including an additional mileage charge if you exceed the daily mileage stated on the front of the rental agreement;
- 6B) A mileage allowance based on our experience when the odometer is tampered with or disabled;
- 6C) Charges for optional products, equipment and services that you have purchased;
- 6D) Fuel and a fuel charge if you return the motorcycle with less fuel than at the time of rental;
- 6E) Additional mandatory fees;
- 6F) Costs incurred by us in locating and recovering the motorcycle if you do not return it or if we repossess it in accordance with the terms of this Agreement;
- 6G) All costs incurred by us in enforcing or defending our rights under this Agreement;
- 6H) A reasonable cleaning fee according to the price list for cleaning the motorcycle if it is returned significantly dirtier than when it was rented;
- 6I) A lost key fee if you lose the keys to the motorcycle;
- 6J) A surcharge if you return the motorcycle to a location which is different from the location where you rented the motorcycle ("Drop Fee") or if you do not return the motorcycle at the date and time described in paragraph 2 ("Late Fee");
- 6K) Costs of towing, storage, confiscation, court costs, fines and any other costs we incur as a result of your use of the motorcycle;
- 6L) Replacement costs for lost or damaged parts and consumables used for motorcycle accessories or additional equipment such as helmets, intercom systems, lower seats or navigation systems; and
- 6M) the cost of obtaining replacement documents plus a reasonable administrative fee if you lose or damage any of the motorcycle documents, including the vehicle registration.
No refund will be made for late pickup or early return. If you use a credit card or other payment card issued by a bank or financial institution, any currency conversion will be performed by the issuing bank. All charges are subject to our final audit. If errors are discovered after completion of this transaction, you authorize us to correct the charges with the card issuer. You must notify us of any disputes related to charges no later than 30 days after receipt of the invoice.
FOR THE DAMAGE OR LOSS OF THE MOTORCYCLE
You must report any accidents or incidents such as theft or vandalism to us and the police as soon as you discover them.
You are responsible for all damage to the motorcycle that occurs during the rental period, regardless of fault for any reason, including damage caused by collision, weather, vandalism, theft, road conditions and acts of nature. You are liable with your deposit for:
- 7a) all physical damage to the motorcycle determined as follows: (1) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle, less salvage; (2) if we determine that the Motorcycle is repairable: (A) the difference between the value of the motorcycle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus the diminished value;
- 7b) loss of use, measured by multiplying your daily rental rate by either the actual or estimated number of days from the time the motorcycle is damaged until it is replaced or repaired. You agree that this is a reasonable estimate of loss of use damages in such a case and not a penalty. Loss of use shall be payable regardless of the use of the Motorcycle;
- 7c) a reasonable administrative fee calculated on the basis of the estimate of damages;
- 7d) towing, storage, impoundment and other reasonable incidental and consequential damages; and
- 7e) all costs associated with the enforcement of this Agreement.
You are liable for loss or damage to the motorcycle as a result of theft or vandalism related to the theft; you must file a report with the police within 24 hours of your knowledge of a theft and cooperate with us and the police in providing information about the theft; you are responsible for replacing missing equipment and motorcycle documents and keys. You must report any motorcycle accident or theft and vandalism to us and the police upon becoming aware of it.
8) CONDITIONS OF USE AND PROHIBITED USE
8.1.1) You must park the motorcycle safely. For example, when the motorcycle is not in use, you must lock and block the steering wheel and store all documents of the motorcycle.
8.1.2) You agree to use only fuel that meets the manufacturer's specifications and to regularly monitor oil and water levels, tire pressure, and all other basic systems of the motorcycle.
8.1.3) Only the person or persons defined and accepted by the rental company as authorized drivers are entitled to drive the motorcycle.
8.1.4) You agree to comply with all laws applicable to your use of the motorcycle, including those pertaining to helmets, eye and body protection equipment, driving judgment, and other rules of the road. You are responsible for knowing and understanding the laws of each jurisdiction in which you operate the motorcycle.
8.2) Prohibited Use
The following use of the Motorcycle or actions taken (or not taken) by you or any other rider constitutes a "Prohibited Use" of the Motorcycle. Prohibited Use is a material breach of this Agreement and includes:
8.2.1) the use of the motorcycle for the following purposes:
- 8.2.1a) Carriage of passengers or goods for hire;
- 8.2.1b) Pushing or towing another motorcycle or other object;
- 8.2.1c) Transportation of goods for any unlawful purpose;
- 8.2.1d) Carriage of more than the maximum number of passengers specified by the manufacturer or by applicable law, or for the carriage of passengers who are in a different position on a seat not intended for the carriage of passengers;
- 8.2.1e) Transport goods exceeding the weight/quantity/volume specified by the manufacturer;
- 8.2.1f) Transport of dangerous goods or hazardous substances;
- 8.2.1g) Promoting illegal purposes or under circumstances that would constitute a criminal offense or other violation of law (except for a minor traffic violation);
- 8.2.1h) On unpaved roads;
- 8.2.1i) For sporting events or trackdays;
- 8.2.1j) To transport an animal (except for an official companion animal);
- 8.2.1k) If it is reasonable to assume that continued operation would damage the motorcycle; and
- 8.2.1l) in connection with an intentional, willful or negligent act.
8.2.2) riding the motorcycle outside Spain without prior permission of the owner;
8.2.3) Subletting or disposing of, pledging, exercising a lien on, selling or assigning as security the motorcycle, equipment, tools and/or accessories and any part thereof, or using them with the motorcycle in a way that causes us harm.
8.2.4) the transfer of the motorcycle to an island without our prior written consent;
8.2.5) the transfer of the motorcycle by ferry. If the customer uses a ferry and there is an accident of any kind, the customer will be responsible for all costs of repair and/or repatriation of the motorcycle. Even if you purchase additional coverage and decide to ride a ferry, the coverage is null and void.
8.2.6) the use by a person:
- 8.2.6a) which is not a licensed driver;
- 8.2.6b) who does not have a valid driver's license for driving a motorcycle with this power;
- 8.2.6c) whose driver's license was confiscated;
- 8.2.6d) Who is under the influence of prescription, non-prescription drugs or alcohol;
- 8.2.6e) Purchased the motorcycle or extended the rental period, providing us with false, fraudulent or misleading information; and
- 8.2.6f) Who is operating the motorcycle while using a wireless, hand-held communication device or other device that can be used to communicate by telephone, receive mail, or send text messages while not in hands-free mode.
9) COMPENSATION; PROCEDURE FOR CLAIMS
9A) Indemnification. To the fullest extent permitted by law, you agree to indemnify us against all claims, demands, actions, liabilities, costs and attorneys' fees incurred by us (collectively, "Claims") or arising as a result of this rental and the use of the Motorcycle by you or its repossession by us, including Claims arising out of or resulting from the transportation of passengers on the Motorcycle.
9B) Claims Procedure. You must: (1) report all damage to us and all accidents or incidents to us and the police as soon as you discover them (but no later than 24 hours after the incident) and complete our incident report form attached to the motorcycle documents; (2) provide us with a legible copy of any service of process relating to a lawsuit, appeal or notice of any kind in connection with an accident or other incident involving the motorcycle; and (3) cooperate with us, the police and our insurance company in any subsequent investigation or legal proceedings. Coverage under the Policy may be void if You give the motorcycle to an unauthorized driver or otherwise violate this Agreement; or if You fail to cooperate with a claims investigation or file a timely and accurate incident report. We are not obligated to provide you with a replacement motorcycle should the rented motorcycle be lost, damaged or stolen.
10) TOLLS AND INFRACTIONS
You are responsible for paying directly all tolls ("Tolls") and fines for parking violations, speed camera images charges, fines for non-payment of Tolls, and other fines, fees and penalties (each a "Violation") assessed against you, us or the Motorcycle during this Rental. If we are notified by the charging authorities that we are responsible for payment of a Violation, you agree that we may, in our sole discretion, transfer liability to you personally for any tolls or Violations assessed against the Motorcycle during the Rental Period. If liability is transferred to you, we will charge you an administrative fee. You authorize us to release your rental and billing information, including payment card information, to the toll collection authorities for processing/billing.
11) PERSONAL BELONGINGS
We are not responsible for loss or damage to personal property left with us or carried on or with the motorcycle. If you do not claim property left in the motorcycle for more than 30 days, we may dispose of such property at our option. To the fullest extent permitted by law, you waive all claims against us, our agents and employees for loss of or damage to your personal property or that of any other person received, handled or stored by us or left or carried in or on the motorcycle or in any service vehicle or in our offices, whether or not the loss of the property was caused by our negligence or was otherwise our responsibility.
The motorcycle may be equipped with an infotainment system that allows you to connect your own mobile devices. If you do so, please note that the motorcycle may automatically load your address book, store your incoming, outgoing and missed calls and other information from your device. You should follow the steps shown on the motorcycle's system screen to clear this information and the device from the motorcycle's memory. We are not responsible for ensuring the privacy of such information and cannot guarantee that others you do not authorize will have access to such information after you return the Motorcycle.
12) DISPUTE RESOLUTION; ARBITRATION
This agreement is governed by Spanish law. In case of dispute, the consumer may apply to a consumer alternative dispute resolution body or to a court. The contracting parties declare that the place of jurisdiction is Malaga and expressly waive any other jurisdiction.
13) NOTE ON TELEMATICS
The motorcycle may be equipped with Global Positioning Satellite (GPS) technology or other telematics system and/or an Event Data Recorder (EDR). You acknowledge and authorize, pursuant to Section 14) PERSONAL INFORMATION and by your personal consent, that the use of this motorcycle may be remotely monitored by or on behalf of us through such systems to the extent permitted by law. Such remote monitoring may include the collection of motorcycle data such as: Location, odometer, oil life, fuel level, tire pressure, battery charge level, diagnostic trouble codes, and other items we deem necessary. To the extent permitted by law, we may disable the motorcycle if we deem it necessary, including, without limitation, if you violate this Agreement. These systems may use cellular communications, and you should have no expectation of privacy in connection with your use of this Motorcycle. You agree to inform all riders and passengers of the motorcycle of the terms of this section and that you have authorized the release of information collected by GPS or any other telematics system or EDR. We are not responsible for the operation of any telematics navigation or other system provided with the motorcycle. To the extent permitted by law, you agree to hold us harmless from any personal injury or property damage resulting from the failure of GPS or any other telematics system or EDR or otherwise arising from the use of GPS or any other telematics system or EDR.
14) PERSONAL INFORMATION
14A) When signing the contract, the renter must provide his personal data and those of the other drivers of the vehicle for the purpose of identification, expressly authorizing the rental company to process the data electronically.
14B) In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Rental Company informs about the following:
- 14B1) The entity responsible for processing the personal data specified in the contract is ZM Moto Biking S.L., head office at Calle Camino Angostura de Capellania, Parcela 2, Nave 1 in 29130 Alhaurin de la Torre;
- 14B2) The main purpose of the processing of personal data is the conclusion and performance of this contract pursuant to Article 6(1)(b) of the GDPR;
- 14B3) Personal data may be disclosed to a third party in order to comply with the legal obligations to which the rental company is subject under Article 6(1)(c) of the GDPR, namely judicial authorities, criminal investigation department, tax and customs authorities and supervisory authorities;
- 14B4) Personal data may be processed for other purposes, for which the renter must give his explicit consent to the rental company;
- 14B5) The rental company stores the processed personal data for the period necessary for the provision of services, invoicing and compliance with legal obligations.
14C) The data subject has the right to access his/her personal data at any time, as well as, within the framework of the contract and the GDPR, to rectify and object to its processing, to decide on automated processing, to withdraw consent, to request the deletion of personal data and to exercise the rights provided for by the applicable law (unless the data is necessary for the performance of the contract and therefore mandatory, as well as for the fulfillment of the legal obligations with which the rental company must comply).
14D) If the renter revokes his consent, this shall not affect the lawfulness of the processing carried out up to this time.
14E) The data subject has the right to be notified under the GDPR in the event of a personal data breach that may result in a risk to his or her rights and freedoms, and may submit a request to the competent authority or authorities.
14F) Personal data may be disclosed to third parties who provide services to the rental company if these services require the transfer of information from the rental agreements.
Status: August 2021
Release of the deposit
The release takes place after invoicing!
|Payment at return with the same payment card used for deposit||4 working days|
|Payment at return with another mean of payment (cash, other payment card, etc.) than the payment card used for deposit||4 working days|
|Prepayment with extras (fuel, add driver, etc) to pay at return with the card used for deposit||4 working days|
|Prepayment with extras (fuel, add driver, etc) to pay at return with another mean of payment (cash, other payment card, etc.) than the card used for deposit||4 working days|
|Prepayment without any extras, so no payment on the card used for deposit||4 working days|
|You initiate your rental, made a deposit and finally change your mind and cancel your rental||Up to 30 days|