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Terms and Conditions

Rental terms and conditions – Motorbike / Scooter rental

 

These rental conditions are a constituent part of the contractual agreement between Pic y Pic Motos Canarias (lessor) represented by Victor Simion and the customer (lessee), governing the use of motorcycles. Deviating or additional written agreements remain reserved.

  1. Rental

1.1 Our motorcycle rental shop adheres to the insurance policy’s minimum and maximum age requirements of 25 and 75 years old respectively.We regret to inform you that exceptions cannot be made regarding the insurance’s minimum and maximum age requirements.Thank you for your cooperation.

1.2 The lessee and therefore responsible for the motorcycle / scooter is the person who is listed as the lessee in the rental agreement and who signed it, regardless of who booked the motorcycle / scooter and / or paid the rental fees.

1.3 The subject of the contract with the lessor is exclusively the temporary use of the booked motorcycle / scooter (hereinafter referred to as motorcycle) and other items that are booked in connection with the motorcycle rental (GPS, motorcycle equipment, etc.).

1.4 The rental tariff includes free unlimited mileage of the motorcycle, as well as liability insurance. A full risk insurance with a excess of € 1200, can be separately booked. The fuel costs are not included in the rental price.

1.5 “GPS and Apple Airtags: For safety and security purposes, all motorcycles rented from our website are equipped with a GPS tracking system and Apple Airtag. Our staff may access the location data provided by these devices, but only when necessary. By accepting our terms and conditions, you agree to the use of these devices and understand that the motorcycle’s location may be monitored if needed. Please note that tampering with or disabling the GPS or Airtag may result in termination of your rental agreement and additional fees.

  1. Obligations and liability of the lessor

2.1 The lessor hands over the motorcycle in perfect, cleaned, safe and roadworthy condition and with undamaged components. In addition, the lessee receives the vehicle documents (as a copy), the rental agreement and the tools.

2.2 The lessor only recognises previous damage if this is recorded and written in the rental agreement.

2.3 If a repair is necessary during the rental period to ensure the function or the traffic safety of the motorcycle without fault of the lessee, the lessee can contract a workshop of the vehicle manufacturer up to a repair amount of € 150, – of charge. The repair cost documents are to be presented to the lessor in their original form. If the estimated repair costs exceed € 150, the lessor’s consent must be obtained before the contract is awarded.

2.4 If the motorcycle becomes unusable during the rental period due to a technical defect, the lessor will provide an equivalent or comparable motorcycle. If this is not possible, the lessor will refund to the lessee the rent for the remaining rental period. Another claim does not exist.

2.5 The lessor tries to provide the lessee with the booked vehicle model, but reserves the right, in the case of an unforeseen situation such as a technical defect, accident, theft or similar, to replace it with a comparable model. If the lessor is not able to provide a comparable model, the lessor will refund the lessee the difference of the rent to the booked model. Another claim does not exist.

2.6 The lessor’s liability for non-performance and default is limited to the rental price. Further claims, for whatever legal reason, are excluded.

  1. Obligations of the lessee

3.1 The lessee must handle the motorcycle with care, in particular observe the technical regulations and operating instructions and ensure road safety.

3.2 Oil, water level, tire pressure, tire profile and the correct tension of the drive chain are to be regularly checked by the lessee during the rental period.

3.3 The lessee must comply the legal regulations, in particular the road traffic laws. He is liable for all administrative fees, fines and penalties based on his use of the motorcycle. The lessor is free to charge a processing fee of € 30, – per penalty.

3.4 The lessee undertakes to lock the motorcycle with the handlebar lock when it is parked.

3.5 In particular, the lessee is prohibited:

a) letting the motorcycle to other authorised drivers than those named on the rental contract;

b) handing the motorcycle over to such an authorised driver if he has been banned from driving or if he is not in possession of a valid driving license or is unfit to drive;

c) using the motorcycle if a driving ban has been imposed on him or he does not have a valid driving license;

d) using the motorcycle in a condition unsuitable for driving;

e) using the motorcycle for commercial purposes;

f) participation in motorcycling events of any kind, including the associated practice drives;

g) using the motorcycle off-road or on beaches;

h) pawning or selling the motorcycle or disposing the motorcycle or its parts, equipment, accessories and documents in any way that could infringe the rights of ownership of the lessor or infringe any other rights the lessor has on the motorcycle;

i) using the rental vehicle for trips outside Gran Canaria without the written consent of the lessor;

j) making any technical changes to the vehicle.

k) changing the appearance of the vehicle, including in particular paintwork, stickers, adhesive films or various brackets (GoPro, etc.). In this case, the lessor is free to charge a corresponding cleaning fee.

  1. Liability of the lessee for damages

4.1 The lessee is liable from the time of taking over until the return of the motorcycle to the lessor for minor negligence, destruction (also loss or confiscation of the motorcycle) and for all damages (such as accident or operational damage, damages resulting from improper treatment and damage that reduces the value of the motorcycle) beyond the normal wear of the motorcycle during the rental period. For occurring tire damage (flat tires) during the rental period, the lessee is solely responsible. The replacement of the damaged tire is to be carried out at the expense of the lessee, even if the damage is determined only at the time when the motorcycle is returned. The value of the tire will be calculated, depending of the rest profile of the tire. As an example: if the tire replacement costs 150€ and the old tire still had 50% profile, the lessee will be charged with 50% of the costs, so in this case with 75€.

4.2 The lessee is liable for the full amount of damages incurred when driving off-road. For damage caused by improper use, he is also liable in full. As well for the obvious disproportionate wear (tire / clutch) due to improper use (such as “burnouts”), the lessee is liable for this damages in full amount of the damage caused. In the event of damage caused in this way, the amount of damage is not limited by the deductible of the comprehensive insurance.

4.3 In the event of damage to the rental motorcycle, the lessee is liable for any damage actually incurred or according to Expert reports, determined repair costs, calculation and repatriation costs, expert costs, technical and market share depreciation, loss of rent during the repair period or, in the case of total loss, for the replacement period. A daily basic fee is to be reimbursed per day as loss of rent. The lessee reserves the right to provide evidence of lower damage. If the lessor has to return the motorcycle to the location specified in the rental contract due to damage for which the lessee is responsible, the lessor has the right to charge the lessee costs of € 2.00 per km of return route driven. The lessee has the posibilty to book an optional „full risk insurance“ which covers the costs over €1200. Up to this amount, the lessee is responsable for the resulting costs. 

4.4 The lessee is also liable for damage and loss of rented accessories (GPS, helmets, motorcycle clothing) in full amount of the damage caused.

4.5 If the motorcycle becomes incapable of driving or cannot be used due to damage caused by the lessee or an action caused by the lessee, the lessee is not entitled to a replacement motorcycle for the remainder of the rental period. Furthermore, in this case there is no entitlement to a refund of the rental price.

  1. Requirements in the event of accident or any other damage

5.1 In the event of any damage, including damage or accidents without the involvement of third parties, the lessee is obliged to notify the lessor immediately by telephone. Towing and / or repair services are only to be commissioned after consultation with the lessor.

5.2 The police must be called immediately in the event of an accident. Evidence (witnesses, traces, etc.) must be secured, the data of those involved established and everything must be done that can contribute to the proper and complete clarification of the course of the accident.

5.3 The lessee undertakes not to admit any guilt or to undertake any other actions (payments, comparisons) that could endanger the insurance cover.

  1. Payment and withdrawal

6.1 With the booking confirmation, the lessee receives an invoice from the lessor. This is to be paid as follows:

By credit card (or other possibilities included in the lessors website: www.picypoc.com), 20% of the full rental price immediately after delivery of the confirmation, and the rest of 80 % during the pick-up into the shop.

6.2 The lessee can cancel from the rental contract at any time before the beginning of the rental by a written declaration (email or contact form of the website). Decisive here is the time of the receipt of the cancellation at the lessor. In the case of a cancellation by the lessee, the lessor may demand flat-rate cancellation costs, which are calculated from the rental price as follows:

a) more than 30 days before arrival: 0€ (no cancellation costs);

b) 29 to 15 days before arrival: 10% of the rental price;

c) 14 to 1 day (or less than 1 day) before arrival: 20% of the rental price;

If the lessee does not appear or arrives late for the start of the rental, the price will not be refunded. In addition, the lessee has the right to prove less damage to the lessor.

6.3 Rebooking is only possible by withdrawing from the existing rental contract with a subsequent new booking.

6.4 When returning the vehicle before the expiry of the agreed rental period, the full contractually agreed rental price must be paid.

6.5 The lessor recommends the conclusion of a travel insurance for cancellation fees, accident, illness, theft, private liability and legal protection.

  1. Insurance cover

7.1 The motorcycle has general liability insurance against personal injury, property damage and financial loss. The sum insured is 50 Million euros for third party damage.

7.2 The rental motorcycles of the lessor are insured against damage, theft and fire.

7.3 At pick up of the motorcycle, the lessee shall pay a deposit by credit card amounting to the retention (€ 600). This amount shall be reimbursed in full as soon as the motorcycle is returned undamaged to the lessor.

7.4 The lessee is also expressly advised that, despite fully comprehensive insurance, he is liable for damage beyond the amount of the excess in the following cases if he or his vicarious agent:

a) ignores the contractual obligations of No.3 of this rental conditions,

b) in the event of culpable accidents, leaving the scene of the accident without permission,

c) causes damage intentionally or through gross negligence,

d) drives the rental bike off-road,

e) uses the motorcycle improperly,

f) exceeding the agreed rental period in violation of the contract.

  1. Motorcycle handover and return

8.1 The motorcycle is handed over with a full tank, clean, in perfect condition and without any externally visible defects.

8.2 At the end of the rental period, the lessee must return the motorcycle at the agreed place of return, date and time with the motorcycle documents, tools and accessories in the same condition. In the event of loss of vehicle documents, the replacement cost of € 50 have to be paid by the lessee. The Lessee shall be obliged to pay the cleaning costs if the motorcycle is heavily soiled.

8.3 The lessee has to return the motorcycle with a fully filled tank. If this is not the case, an additional fee of € 20, – will be charged in addition to the fuel costs.

8.4 If the return time is exceeded by more than an hour, the lessee is obliged to pay an additional daily rent per day as compensation or to cover the costs if the motorcycle cannot be re-rented for this reason. The lessee reserves the right to prove that the lessor suffered no or significantly less damage from exceeding the rental period.

8.5 The lessor can terminate the rental agreement without notice if an important reason becomes known which makes the continuation of the rental agreement unreasonable. Important reasons include, in particular, incorrect information provided by the lessee about the person, creditworthiness and serious breach of contractual obligations. In the event of termination without notice, the rental motorcycle must be returned immediately, even before the regular rental period has expired. In addition, the lessor’s claims for damages remain unaffected.

 

  1. Final provisions

There are no additional agreements or additions to this rental agreement. All contractual agreements must be made in writing. This also applies to the cancellation of this clause. Should a provision of this contract be or become ineffective in whole or in part, this shall not affect the validity of the remaining provisions. The contracting parties are obliged to replace the ineffective provisions with provisions that come as close as possible to the economic purpose of the ineffective provision.

  1. Jurisdiction

The place of jurisdiction for both sides is Las Palmas, Gran Canaria (Spain)

  1. Lessor

Pic y Poc Motos Canarias, represented by Victor Simion, Av. de Moya, 6, 35100 Maspalomas, Las Palmas, Spain

 

   Effective Date of Rental terms and conditions: 20.03.2023