Terms and Conditions

Rental conditions

• The minimum age to sign any contract in Spain is 18 years old. In the case of minors, the signature of an adult representing them is necessary.
• Any fine or parking ticket will be the responsibility of the tenant and the amount charged to the credit card provided.
• It is necessary to deposit a deposit of 250 Euros, which will be returned at the end of the contract.
• For long-term rentals (monthly) the payment will be monthly and will be made with the periodic inspection of the motorcycle.
• Third party insurance included.
• Unlimited mileage (with “top” rate)
• The first helmet is provided along with the moped at no additional cost.
• Assistance included with a “top” rate within a 35km radius of the rental center.
• For customers from the United Kingdom: Vehicle rental is not permitted for customers who present a provisional license, as this is only valid within the United Kingdom.
• Rest of conditions available in the rental contract.

49cc moped

• To drive a 49cc moped it is necessary to be in possession of a valid moped, motorcycle (A) or car licence.
• Minimum age: 16 years.

125cc scooters

• In Spain it is allowed to drive a 125cc scooter if you have a car driving license for at least 3 years.
• Minimum age: 21 years.
• A-1/A motorcycle license or car license with a minimum age of 3 years is required.

Leasing contract

VERY IMPORTANT: IN ACCIDENTS DUE TO THE INFLUENCE OF ALCOHOL OR DRUGS, INSURANCE COVERAGE IS AUTOMATICALLY EXCLUDED

LESSEE – For all purposes of this contract, the signatory of this contract is considered as the lessee and responsible for the vehicle driving the same, regardless of who has reserved and/or paid the rental to the same.

LESSOR – Ms. Pamela Barnaba, with brand MOTORFAST RENT, CIF Y4386751K, domain www.motorfastrent.com, is considered the lessor. Its employees and affiliates are authorized to act on behalf of the company in this contract

1. DELIVERY AND RETURN

The Lessee acknowledges that he receives the vehicle described on page 1 of the contract, in perfect operating conditions, with its documents, and accessories (helmet, key chains, etc.) and undertakes to keep them and drive the vehicle in compliance with the rules of the Highway Code and in accordance with the use specifications of the type of Vehicle. Before delivering the vehicle, the lessor will check the external elements in the presence of the lessee in order to find any possible scratches or dents that it may have. These will be marked on the delivery sheet and cannot be claimed from the lessee in the return. The lessee agrees to be responsible for any other damage that the vehicle presents at the time of return, whether it has occurred while driving or while parking. At the delivery, the lessor will explain the operation of the vehicle and answer the lessee’s questions about its operation. The lessee claims to have perfectly understood the lessor’s explanations and understands the operation of the vehicle. The Customer must refuel the Vehicle with the type of fuel appropriate for it. The Client will be responsible for the expenses caused by the transfer and/or repair of any damage that may have occurred to the Vehicle due to the use of inappropriate fuel. The lessee will return the motorcycle on the date and time indicated by the lessor at the address indicated in the contract, in the same conditions in which it was received, except for normal wear and tear from correct use of the motorcycle. Any delay in delivery, which is not caused by force majeure (as provided for in article 1105 of the Civil Code, will cause a penalty of €35 per day, calculated by hour. In no case will the landlord return all or part of the rent if the lessee returns the vehicle before the set time. If for justified cause, due to misuse of the vehicle, the lessor requests the lessee to return it early, the lessee agrees to return the vehicle as soon as it is demanded, waiving any claim for the rental rights. A vehicle that is not delivered after 12 hours of the set time will be reported to the police and will be considered a stolen vehicle. If the lessee drives with the contract expired and without authorization from the lessor, the rental rights will automatically be suspended. contracted insurance, exonerating the lessor from any subsidiary liability for any accident or faults committed by the driver or the eventual driver of the vehicle.

2. MECHANICAL WARRANTY

If for mechanical reasons the vehicle cannot complete the rental period, the lessee understands that the reason for the breakdown was due to causes beyond the control of the lessor without the lessor acting in bad faith, so that the lessor will only be responsible for reimbursing the vehicle. the amount of the rental not enjoyed. In any case, the lessor may replace the damaged Vehicle with another, paying or charging the lessee the amount for the difference in the rental of the model, the lessee accepting his waiver of any other type of claim. If the vehicle If he is immobilized due to mechanical breakdown, the lessee must contact the lessor and the roadside assistance company arranged by the lessor, and only with this one. Charges for someone else’s account of said assistance company will only be accepted in emergency cases and when the landlord has previously authorized it.

3. DRIVER CONDITIONS

The lessee, as the driver of the vehicle, affirms that he or she is of the age required by the lessor to drive the rented vehicle, as well as sufficient experience to drive it. In this sense, he claims to have a valid driving license in Spain to drive this vehicle. Only the following will be considered valid driving licenses in Spain: those issued in accordance with current Spanish legislation. Those issued by the member states of the European Union and those issued internationally by third countries that are recognized in Spain. The renter understands that there are risks related to driving a vehicle, and that good medical, health and physical conditions are required to do so. For this reason, the lessee affirms that he does not suffer from any illness or regularly or punctually consume any medication that could affect his ability to drive a vehicle. Likewise, the lessee agrees not to drive the vehicle under the influence of alcohol, drugs, or any other substance that may affect his or her ability to drive the vehicle.

4. MISUSE OF THE VEHICLE

Any action that contravenes traffic regulations, the vehicle manufacturer’s specifications and the lessor’s instructions will be considered misuse of the vehicle. Abnormal wear, verified by the lessor, of the mechanical parts of the vehicle, especially tires, will be considered misuse of the vehicle and will be charged to the lessee.

5. TRANSFER OF THE VEHICLE

The lessee may not assign the use of the vehicle to third parties without the express and prior consent of the lessor, which must be reflected by including them as additional drivers in the contract. In this case, the lessee will always be solely responsible, before the lessor and third parties, for the damages that may be caused in and with the vehicle, regardless of who was driving it at the time they were generated.

6. AREAS OF CIRCULATION

The lessee agrees not to drive the vehicle outside a radius of 35 km around the address indicated in this contract, and not outside the paved road network, nor to drive within the operating limits of ports and airports, as well as competition circuits or any type of spaces closed to traffic.

7. DRIVER OBLIGATIONS

The lessee, driver of the vehicle, undertakes to comply with all laws, regulations, ordinances or traffic rules of the Spanish administrations, and especially the specific regulations relating to the use and driving of the vehicle. Likewise, the lessee agrees to monitor the levels of oil, hydraulic fluids, coolant and tire pressure as indicated by the lessor, and to inform the lessor of any mechanical anomaly immediately when it is observed. Failure to control these aspects could lead to serious breakdowns or wear and tear that will be borne by the lessee if he or she fails to comply with his or her obligation. The lessee may not carry out any type of intervention, modification, manipulation, repair or replacement of any part or accessory of the vehicle, without the express and prior approval of the lessor. Non-compliance by the lessee will result in the lessee paying the costs of reconditioning the vehicle to its original state and pay a compensation amount for immobilization of the vehicle. The lessee agrees to keep the vehicle with the security locks provided by the lessor while it is unattended by the lessee. Especially important is the warning that the lessor makes in this act to only refuel with unleaded gasoline.

8. IN CASE OF AN ACCIDENT

In the event that the lessee is involved in any type of accident or accident, he or she will immediately notify the lessor to the emergency telephone number previously provided by the lessor and will undertake to follow the lessor’s instructions. The lessee will duly complete the accident report. (which is delivered together with all the documentation), and a copy signed by the drivers involved in the accident must be delivered to the lessor’s address within a period of no more than 24 hours. The lessee understands that the vehicle will not be replaced and the contract will be automatically canceled without the lessee having the right to any refund or compensation, except in situations where the cause of the accident is due to the fault of another vehicle, as recognized in the corresponding police report so that it leaves no room for doubt, or, where appropriate, awaiting the court decision.

9. VEHICLE DAMAGE

The lessee agrees to cover with the deposit deposited any type of damage that occurs to the vehicle during the rental period, both in circulation and in parking. The landlord may retain the part of the deposit that he deems appropriate to cover the repair. Once this is concluded, he will present the corresponding invoice to the tenant, settling the remaining part of the deposit, if any. In the event that the repair is greater than the deposit, and the lessee has contracted “EXCELLENCE” insurance, the insurance will cover the rest, unless the lessee has breached any of the clauses of this contract, in which case the lessee will be the solely responsible, and the lessor may exercise judicial, civil or criminal actions that it deems appropriate. IF THE LESSEE HAS CONTRACTED A “BASIC”, “STANDARD” OR “TOP” INSURANCE, he or she will have to pay the TOTAL amount of the repair, and – in the event that said amount exceeds the deposit – will have have to pay the remaining amount to the lessor.

10. LOSS OR THEFT OF THE VEHICLE

As in the event of an accident, in the event of theft or total or partial loss of the vehicle, the lessee undertakes to immediately notify the lessor of this fact, on the emergency telephone number, and provide full collaboration with the lessor, the competent authority. and with the insurance company in the investigation and defense of any investigation or process. If the vehicle is stolen or lost due to the negligence of the lessee, the latter will be considered responsible, and will pay the lessor the market value, based on the tables of the Ministry of Finance, without this implying a waiver on the part of the lessor to execute the civil and/or criminal legal actions that it deems appropriate against the tenant. If the motorcycle is recovered, the lessee will bear all the expenses resulting from its inspection and/or repair, as well as the loss of profits incurred by the lessor according to the rates at the time known to the lessee. If the cause of the theft was not due to the negligence of the tenant, and in the event that “EXCELLENCE” theft insurance has been contracted, the tenant will not be responsible for any compensation to the landlord. In either case, the rental contract will be canceled, without the tenant having the right to any refund. In the event that the theft occurs on any of the accessories or parts of the vehicle, the lessee will be responsible for the theft and will compensate the lessor for the official rate price of the manufacturer of the stolen part or accessory plus any other costs invoiced by the corresponding workshop.

11. DAMAGES TO OCCUPANTS AND THEIR PROPERTY

The lessee and his occupant are aware of the insurance coverage that the lessor has contracted for the vehicle and exempt the lessor from all liability for any damage they may suffer, both physical and material, derived from normal or abnormal use of the leased vehicle. They expressly declare that they are aware of the risks of burns and/or cuts or any other damage that the use of a vehicle can cause. Likewise, the lessee relieves the lessor of all responsibility for losses or damages that occur to objects left or transported in the vehicle by the lessee or by any other person, or to their clothing, either during the term of the contract or after the return of the vehicle. The lessee must travel with the appropriate regulatory equipment required by the competent authorities.

12. FUEL

Refueling with Gas (Diesel) causes serious damage to vehicles. These will be borne by the lessee, leaving the deposit blocked until the repair is billed. Likewise, the lessor may charge the lessee an amount in damages proportional to the days lost in the repair for a minimum amount of ONE HUNDRED Euros.

13. FINES AND OTHER CHARGES

The lessee undertakes to pay all fines for any violation of current and applicable Spanish legislation, especially those relating to traffic and transport regulations imposed on him, as well as the expenses derived from the removal of the vehicle from public roads by part of the police authorities. In the case of fines that require the identification of the driver, the lessor will notify the competent authorities exclusively of the identity of the lessee. The lessee will be responsible for the legal costs and legal and legal defense incurred by the lessor resulting from accidents or illegal conduct on the part of the lessee and/or his companions, as well as the amount of the days that the lessor cannot dispose of. freely from the vehicle due to seizure, breakdown or damage caused to it during the lease attributable to the lessee

14. UNAUTHORIZED ACTIONS

The lessee may not tow or push any type of vehicle or load with the vehicle, nor transport a volume or weight greater than that authorized in the Vehicle Technical Inspection sheet. He will also not be able to participate in any type of sports or recreational events, races or drive on unpaved roads. Teaching to third parties, even in closed spaces, is totally unauthorized. The vehicle may not be used or allowed to be used to carry out an illegal act. including, among others, acts of smuggling or transportation of illegal substances. The lessee may also not pawn or sell the vehicle in its entirety or in parts, equipment, accessories and documentation, in any way that violates the property rights of the lessor or any other right that the lessor has over the vehicle. Non-compliance with These prohibitions will automatically lead to the cancellation of the contract, and the lessee will be responsible to the lessor for all fines, confiscations, seizures, recovery, storage and judicial costs and legal representation.

15. INSURANCE

The lessor will deliver the vehicle covered by a mandatory and voluntary insurance policy for civil liability and damages to third parties, known to the lessee. The rental price includes mandatory vehicle civil liability insurance covering damages to third parties and passengers without any deductible or maximum liability. Insurance against theft, total or partial loss, damage (or any other damage) suffered to your own vehicle (or to your luggage, merchandise or personal objects transported in the vehicle) is not included, due to any circumstance (whether due to vandalism or traffic accident) or personal injury. The lessee may take out extended insurance that covers theft and damage caused to the vehicle (all risks with an excess of €250).

16. LOSS OF KEYS, ANTI-THEFT AND HELMETS

The loss of the vehicle keys will be charged to the deposit deposited by the lessee in the amount of the cost of replacing the key according to the manufacturer’s invoice plus the management costs necessary to obtain it. In the same way, the loss of the helmets will be charged to the deposit deposited by the lessee in addition to a surcharge of FIFTY EUROS for expenses. In the event that the deposit deposited is not sufficient to cover the expenses, the lessee authorizes the lessor to charge the corresponding amount from his or her card.

17. VEHICLE RESERVATION

The lessor will inform the lessee of the availability on the consultation dates. If due to force majeure, the lessor cannot have the selected motorcycle, he will provide the lessee with another model, with similar characteristics or will refund the entire amount of the reservation. If the lessee cancels his reservation, the lessor will refund the full amount if the cancellation occurs more than 15 days in advance, and 50% if the cancellation occurs between 15 and 5 days. If the cancellation occurs with less than 5 days’ notice, the tenant will not have the right to any refund. If the lessee shows up to pick up the vehicle on a date later than the reserved one, but before the end date, he or she will be able to use it until the end date of the reservation, without having the right to be reimbursed any amount. for the days you do not enjoy the vehicle.

18. RENTAL PRICE AND CARD CHARGES

The rental price, as well as the deposit deposit, are determined by the General Rate in force at any given time, and must be paid in advance by the lessee. In no case can the deposit be used for an extension of the rent. Payment of these amounts must be made by credit card, debit card or in cash. The lessee authorizes the lessor to charge his or her credit or debit card all amounts accrued under this contract, both in terms of deposit, rent, damages caused and total or partial theft.

19. RENTAL AND APPLICABLE JURISDICTION

The lessee agrees to rent the selected vehicle and declares, regardless of his nationality and language, that he has read and understood this contract. To resolve any doubt or disagreement that may arise due to its interpretation and compliance, both parties expressly renounce their own rights and submit to the Courts of Malaga. This contract may be delivered to the lessee translated or in another language. In case of litigation, the contract that takes precedence is the original contract written in Spanish.