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MOTORCYCLE RENTAL AGREEMENT TERMS AND CONDITIONS (“Terms & Conditions”)

Portugal

STANDARD TERMS & CONDITIONS OF MOTORCYCLE RENTAL

 

HR RIDE PORTUGAL, S.A., head office at Avenida Severiano Falcão, 7/7A, 2689-522 Prior Velho, registered at the Commercial Registry Office of Loures under the number 515184144 (hereinafter referred to as Rental Company), rents the identified vehicle (motorcycle) through this rental agreement and under the following terms and conditions.

This document includes all the terms and conditions of the rental agreement executed between the Rental Company and the Renter, which should read it carefully. If the Renter does not understand any of the provisions of this document, the Renter must require pertinent clarifications from the representative of the Rental Company. With the signature of this document the Renter acknowledges that he did not request any clarification that has not been provided.

 

BOOKING CONDITIONS

  1. Driving License: Both the renter and any additional drivers must provide a valid, unexpired driver’s license for the class of motorcycle rented (including any necessary endorsements) in their name, held for at least 3 years. If your driver’s license is not issued in Europe, then you must also bring an international driving permit.
  2. Identification: A passport or personal ID card is required
  3. Credit Card: The renter must have a credit card (Visa or Mastercard) in their own name when picking up the motorcycle (American Express, Diners, prepaid credit cards, charge cards, or cash cards will not be accepted). An authorization hold will be placed on your credit card for the Non-Waivable Excess (NWE) security deposit amount. The card must have sufficient available funds to cover the hold for the duration of the rental.
  4. Reservation confirmation: The renter must present the Reservation Confirmation when picking up the motorcycle.
  5. Roadside Assistance: Road assistance is available in the country of the pick-up location. Please ask at the desk for details.
  6. Payment Information: To confirm the reservation, the Renter must pay a reservation deposit equal to 20% of the total rental amount. The Rental Company reserves the right to withhold confirmation of the booking until receipt of the deposit has been verified. The remaining balance is due at the time of motorcycle pick-up. The Total Amount Due at Pick-Up will be charged in the local currency of the rental location. Any other currency displayed is for information purposes only.
  7. Extensions, Amendments, Cancellations and No-Shows: If you wish to extend or modify your rental before the pick-up date and time specified on the Reservation Confirmation, you must contact Hertz Ride at hertzride@hertzride.com. Please note that the estimated total charges will be recalculated based on availability and prices at the time the modification is made. The total charges may be higher or lower than the originally booked price. If the original reservation was subject to a promotional or discounted rate, you may no longer be eligible for that rate, and the modified reservation may be at a higher rate. You will not receive a credit or refund if you return the rented motorcycle earlier than the scheduled drop-off date and time. 
  1. Modifications: Reservation modifications must be requested by email through our Contact Center at hertzride@hertzride.com. All modifications are subject to motorcycle availability and the rates in effect at the time the change is processed. As a result, the total rental charges may be higher or lower than the amount originally booked. This policy applies to any changes to the pick-up location, drop-off location, pick-up date and time, drop-off date and time, motorcycle category or group, as well as any additional products, services, or extras. The Rental Company reserves the right to apply any applicable fees or rate adjustments resulting from the requested modification.
  2. Cancelations: If you wish to cancel your reservation, you must inform Hertz Ride in writing at hertzride@hertzride.com before your rental is due to start. The payment made at the time of reservation is refundable only if the reservation is cancelled at least 30 days before the scheduled pick-up date. Cancellation fees may apply.
  3. No Shows: reserves the right to refuse the motorcycle to any user who fails to arrive on time (within a 30-minute grace period), fails to provide all required documentation and/or information, or fails to provide a credit card with sufficient available funds for the deposit. The motorcycle may also be refused if the driver shows signs of being under the influence of alcohol, drugs, or any other substance affecting their perception or reactions, or otherwise appears unfit to operate the motorcycle. In such cases, unless the rental has been cancelled in advance, the renter will be considered a "no-show" and will not be entitled to a refund.
  1. Extras: All optional extra equipment and services are subject to local availability and cannot be guaranteed. The optional equipment is provided “As-Is,” and you are responsible for ensuring that you understand how to use and/or install any optional equipment.
  2. Optional Special Damage Coverage: At the counter, customers may opt to add additional coverage for damage responsibility. Please ask our Customer Sales Representative at the location for details on the available coverage options.

 

  1. NATURE OF THE AGREEMENT
  1. This Agreement is an agreement for the rental of the Motorcycle. You may not transfer or assign your rights in this Agreement or your right to use the Motorcycle.
  2. The Renter understands that we are not an affiliate, agent or franchisee of The Hertz Corporation (or any of its affiliates) (collectively “Hertz”). We are an independently owned and operated company with a limited license from Hertz to use the name, “Hertz Ride” in connection with a motorcycle rental business in Europe. The Renter understands and agrees that Hertz is not a party to this Agreement and has no obligations to him. The Renter agrees that will not make any demands or pursue any claims against Hertz.
  3. The Renter understands that original Equipment Manufacturers (OEMs) are not directly involved in and responsible for the organisation and management of the Rentals, so no misunderstanding shall occur when we mention the wording “OEM Rental Partner” or the official Rental Partner of a specific OEM.

 

  1. CONDITION OF THE MOTORCYCLE – DELIVERY AND RETURN

The Renter acknowledges that has received the Motorcycle in good working and clean condition, including both tires, and agrees to return it in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.   

The Renter is prohibited to modify any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or to make any aesthetic change to the Motorcycle, including the application of stickers, vinyls or camera brackets without its removal. If the Renter breaches this provision, he will be responsible for all costs that the Rental Company incur to restore the Motorcycle to its original status, as well as for the damage suffered by stopping the Motorcycle while it is being repaired.  

If the Motorcycle is used in breach of the provisions of the Agreement, the Rental Company may, at any time and without prior notice, terminate the Agreement and take back possession of the Motorcycle, at the Renter's expense.

If the Motorcycle is not returned 48 hours after the return date and time stipulated in the Rental Agreement, the police will be notified of its disappearance.

 

  1. RENTAL PERIOD

The minimum Rental Period is one day. A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If the Renter returns the Motorcycle more than 29 minutes after the scheduled return time, the Rental Company reserves the right to charge the Renter for an additional rental day at the applicable daily rate as shown on the Price List. If the Renter wishes to extend the scheduled Rental Period, the Renter must request for the Rental Company express written authorisation and pay for the estimated additional charges before the scheduled return time. Under no circumstances may the deposit be used as form of payment in case of extension of the Rental Agreement.

 

  1. RENTAL RATE AND DEPOSIT 

The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when the Renter signs this Agreement. The standard payment method is credit card or debit card.  The Renter pays the total amount of the rental with the signature of this Agreement. The Renter allows the Rental Company to block the amount of the deposit on his credit card at the time of the rental (see the Price List at the counter), as well as the total estimated charges. The Rental Company may use the blocked amount to pay all charges. The Rental Company authorises the release of the blocked value at the end of the rental if it is not necessary to pay any additional charges. The rules of the issuer of the payment card of the Renter will be applied to credit any amount the Renter´s account, which may not be immediately available by the Renter´s card issuer.

 

  1. CHARGES

All charges referred to in this Agreement are calculated in accordance with the Rental´s Company current Price List and based on the use of the Motorcycle by the Renter. The Renter agrees to pay at the Rental´s Company request or, being the case to reimburse, the following amounts:

  1. Daily Rental Rate for the Rental Period, including an additional mileage fee if you exceed the daily mileage indicated on the Rental Agreement;
  2. A mileage charge based if the odometer is tampered with or disconnected;
  3. Fees for optional products, equipment, and services that were acquired; 
  4. Fuel and a refuelling fee if the Motorcycle is returned with less fuel than when it was rented;
  5. Expenses that the Rental Company incur to locate and to recover the Motorcycle if the Renter fails to return it or if the Rental Company repossess it under the terms of this Agreement;
  6. All costs incurred by the Rental Company to enforce or defend its rights under this Agreement;
  7. A cleaning fee, as indicated at the Price List, to clean the Motorcycle if returned substantially less clean than it was rented or if stickers, vinyls or camera mounts are applied without removing them;
  8. A lost key fee if the Renter loses the keys of the Motorcycle;
  9. Other surcharges if the Renter returns the Motorcycle to a location other than the location where the Motorcycle was rented;
  10. Towing and all other charges incurred by the Rental Company arising from the improper use of the Motorcycle by the Renter;
  11. Cost of replacing damaged or lost parts and materials used in Motorcycle accessories or optional equipment, such as helmets, intercom systems, low seats or navigation systems;
  12. The costs of issuing the Motorcycle documentation, in case of loss or misplacement.

All complaints or objections regarding the aforementioned charges must be communicated to the Rental Company, within a maximum period of 30 days after receipt of the invoices, after which they will not be considered accepted.

The Renter authorises that the rental charges, and any others that are directly or indirectly related to the rental of the Motorcycle, even after its return and in accordance with the Agreement be debited from the credit card account or another account indicated for the it.

 

  1. RESPONSIBILITY FOR DAMAGE OR LOSS OF THE MOTORCYCLE
  1. In the event of any loss or damage, theft or robbery of the Motorcycle or parts of it while on rental, Renter shall pay the Rental Company the amount of all costs and losses including, without limitation, repair costs, depreciation, loss of renting revenues, towing and Motorcycle collection expenses, the amount established in the current Price List as the maximum non-waivable excess (Price List at the counter) or if higher, the amount of the costs, losses or damages effectively incurred
  2. The Renter limits his responsibility under the terms set out below. In any event it is established that said limitation of responsibility is expressly excluded (i) in case of breach by the Renter or by any unauthorised driver, with intend or gross negligence, of the terms of this agreement; (ii) if the damages result, in any case, of the behaviour of an unauthorised driver; (iii) in case of dangerous driving of the Motorcycle or driving the Motorcycle in violation of any applicable regulations and, especially, in case of noncompliance with the Road Code, particularly when the damages are result of negligence from the Renter, speeding or driving under the influence of alcohol or narcotics.
  3. The Collision Damage Waiver (hereinafter CDW) and the Theft Protection (hereinafter TP) are included in the daily rental rate. In the CDW, liability for loss, damage or theft of the motorcycle is according to the following table:                              
    CDW (included) Liability & Deposit
    Engine (cc) < 700 cc 700 cc to 850 cc > 850 cc
    Liability 4,000 € 5,000 €  8,000 € 
    Deposit 1,750 € 2,000 €  3,000 € 
     
  4. The Renter can acquire the services Super Cover or Super Pack. Should the Renter acquire the Super Cover or the Super Pack, reduces his responsibility for loss, damages or theft of the Motorcycle according to the following table:     
    Extra Coverages - Liability & Deposit
    Engine (cc) < 700 cc 700 cc to 850 cc > 850 cc
    Super Cover 750 € 750 €  1,000 € 
    Super Pack 500 € 500 €  750 € 
    CDW, Super Cover and Super Pack do not apply to optional equipment that we rent for use on the Motorcycle. CDW, Super Cover and Super Pack also do not cover lost keys.

 

  1. RENTER’S RESPONSIBILITY

Rental Company shall not be held responsible for any loss or damage suffered by the Renter except in the event of gross negligence, intent, or in case of death or bodily injury in case the responsibility cannot be legally excluded.

 

  1. DRIVERS

Only drivers who meet the following requirements are allowed to rent motorcycles:

  1. a driving license valid and issued at least 3 years ago in the country of permanent residence that qualifies the person to use a Motorcycle of the same category as the rented Motorcycle;
  2. minimum age with and without Young Driver Surcharge (YDS) according to the following table:
Engine Minimum age Minimum age (YDS)
< 500 cc 21 years Not Applicable
501 cc to 800 cc 25 years 21 years
> 801 cc 28 years 25 years

 

  1. CONDITIONS OF USE

The Renter must take care of the Motorcycle, ensuring that the handlebars are locked and blocked and parked in a safe place when not in use, apply adequate fuel, as well as connect and use the safety devices displayed on the vehicle.

The Renter must not use or allow the use of the vehicle in the following circumstances:

  1. Transport of passengers or cargo for remuneration;
  2. To propel or tow any vehicle, trailer or other object;
  3. Transport cargo for any illegal purpose;
  4. To transport more than the maximum number of passengers specified by the manufacturer or the applicable law, or transport passengers who are traveling in a position other than the seat designed for the use of passengers;
  5. Carry excessive cargo in relation to the weight/quantity/volume specified by the manufacturer;
  6. Transport corrosive or dangerous materials;
  7. On unpaved roads;
  8. Participate in any race, rally, test or other type of competition, as well as participate in any type of “track days”;
  9. To transport an animal;
  10. Outside the European Union, without prior authorisation from the Rental Company;
  11. Ride in the cities of Milan, Naples, Palermo, Marseille and Grenoble.
  12. Transfer the Motorcycle to any island without prior written authorisation;
  13. When the driver is under the influence of alcoholic beverages, drugs or any other substance that reduces his perception or reaction capacity;
  14. In violation of any traffic rules or, in general, for illicit purposes;
  15. For sublease;
  16. The Renter does not meet the minimum requirements stipulated in our current tariff with regard to age and valid driving license;
  17. By any other person who is not the authorised driver or who, if so, does not meet the minimum requirements demanded by the Lessor in terms of age and a valid driving license. In such cases, the Lessee is also responsible for using the Motorcycle and will have to indemnify the Lessor under the terms of the agreement;

If the Renter violates any of the previous paragraphs, the Rental Company reserves the right to charge the Renter the total amount of damage caused to the vehicle, regardless of the additional coverage purchased.

 

  1. ACCIDENTS OR BREAKDOWNS

In case of accident, loss, damage or theft, the Renter undertakes cumulatively to:

  1. Call the police to the site of the accident.
  2. Report the event to the Rental Company within a maximum period of 24 hours.
  3. Fill out the Agreed Statement of Facts on Motorway Vehicle Accident which is included in the documents of the vehicle, as well as to complete and sign the accident or theft report form at the nearest Rental Company Location.
  4. To cooperate with Rental Company and its insurers in any subsequent investigation or legal proceedings. Similarly, in the event of a breakdown, the Rental Company must be immediately informed, applying the above rules, with the necessary adjustments.

Should the Renter fail to comply with the procedures mentioned above, regardless of additional coverage purchased, the Rental Company reserves the right to charge to the Renter the total amount of damages caused to the vehicle. The Rental Company is under no obligation to provide the Renter with a replacement motorcycle if the rented motorcycle is lost, damaged or stolen.

 

  1. VIOLATION OF TRAFFIC RULES

During the rental period, the Renter is entirely responsible for all fines and/or penalties resulting from the violation of any traffic, parking, and toll regulations, as well as for any inconvenience or responsibility resulting therefrom.

Should the Renter incur in any penalties and/or fines during the rental period, notwithstanding the amount to be paid for said penalties and/or fines, the Rental Company will also charge an administrative fee. The Rental Company shall provide the Renter, upon demand, a copy of any notification received regarding traffic, parking, and/or toll violations.

 

  1. “VIA VERDE” TOLL MANAGEMENT SERVICE
  1. The Rental Company provides the Renter with a Via Verde identifier owned by the Rental Company, which allows to determine the value of the toll fees in order to collect them under the electronic toll services provided in the road infrastructures duly equipped for this purpose, being the Renter solely responsible for the full payment of the value of the toll passages, during the period of validity of the rental agreement.
  2. For the use of the Via Verde service, the Renter will be charged an amount in accordance with what is defined in the legislation that regulates this regime.
  3. According to the provisions displayed by the Law Decree nr 84-C/2022 of December 9th, the subscription to the Via Verde service is automatic.
  4. For payment purposes, the Renter must provide a valid credit card, ensuring a sufficient balance in the corresponding bank account to meet the payments due, the debits that may occur subsequently to the use of the road infrastructure mentioned above, accepting that the debits will be carried out after the closing of the rental agreement and according to the dates that are made available by Via Verde Portugal, as long as the use of the road infrastructure has occurred during the period of the rental agreement.
  5. The Renter is also responsible for the correct operation and for the preservation, in perfect conditions, of the Via Verde identifier, not being allowed to remove the referred equipment from the place where it is installed and must report any anomaly to the Rental Company.
  6. Should the Rental Company verify any non-compliance with any of the conditions referred to in the previous numbers, namely the abusive use of the identifier, the Renter is liable for all resulting damages and respective penalties, such as fines, and must reimburse the Rental Company for them, as well as to pay the penalties that might be applied (administrative fee).
  7. Renter’s liability for each Via Verde identifier only ends when it is returned to the Rental Company. If the Via Verde identifier is not returned at the end of the Rental Agreement, Renter is required to pay the cost to the Rental Company, as well as all the costs and fines that may arise from its absence.

 

  1. PERSONAL BELONGINGS

Rental Company is not responsible for the loss or material damage caused to personal belongings left in the Motorcycle, either during the rental period or thereafter.

 

  1. DISPUTE RESOLUTION & ARBITRATION

This agreement is subject to Portuguese law. In case of dispute, the consumer may appeal to a Consumer Alternative Dispute Resolution Entity or to a court. The parties consider that the courts of Lisbon shall have jurisdiction, with express waiver of any other.

 

  1. TELEMATICS NOTICE

The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorise as per point “16. Personal Information” and based on your personal consent that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law.

This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorised release of information collected by GPS or other telematics system or EDR.

The Rental Company is not responsible for the operability of any telematics navigational or other system included with the Motorcycle to the extent permitted by law.

The motorcycle may be equipped with an “infotainment” system that allows Renter to connect their mobile devices. If you choose to do so, please be aware that the motorcycle can automatically load the address book, store your incoming, outgoing or missed phone calls and other information from your device. The Renter must follow the steps shown on the motorcycle's display system to delete this information and the device from the motorcycle's memory. The Rental Company is not responsible for ensuring the privacy of such information and cannot guarantee that other persons not authorised by the Rental Company have access to this information after returning the motorcycle.

 

  1. PERSONAL INFORMATION
  1. Upon signing the Agreement, the Renter must provide their personal data and the ones of the other driver(s) of the Motorcycle, for the purposes of identification, expressly authorising the Rental Company to process the data electronically.
  2. According to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Rental Company informs that:                                                       
  1. The entity responsible for processing the personal data provided in the agreement is HR Ride Portugal, S.A., head office in Avenida Severiano Falcão 7-7A, 2689-522 Prior Velho;                                                         
  2. The main purpose of personal data processing is the conclusion and performance of this agreement, pursuant to Article 6 (1) (b) from the GDPR;                                                
  3. Personal data may be transmitted to third parties for the purpose of fulfilling legal requirements to which the Rental Company is subject, pursuant to Article 6 (1) (c) of the GDPR, in particular to judicial authorities, police, tax authorities and customs and any other public authority as required by law;                                                                                             
  4. Personal data may be processed for other purposes, to which the Renter has given the Rental Company express consent;
  5. The Rental Company will keep the personal data processed for the period of time necessary for the provision of services, billing and compliance with legal obligations.
  1. The data subject has the right to, at any moment, access their personal data, as well as, within the agreement and GDPR terms, to rectify them and object their processing, to decide in regard of automated processing, to withdraw consent, request erasure of personal data and exercise the rights provided in applicable law (except when the data is necessary for the performance of the agreement and therefore, mandatory to provide, as well as for the compliance of legal obligations the Rental Company is subject).
  2. If the Renter withdraw his/her consent, it does not affect the lawfulness of processing carried out until that moment.
  3. The data subject has the right to be notified, in accordance with the GDPR, in the event of a personal data breach which may result in a risk to their rights and freedoms and may submit a claim to the competent authority(ies).
  4. Personal data may be transmitted to third parties which provide services to the Rental Company, whenever these services require the transfer of information contained in the rental agreements.
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Spain

STANDARD TERMS & CONDITIONS OF MOTORCYCLE RENTAL

 

HR - Comercio de Automoveis e Motociclos, S.L., with N.I.F B14349567 (hereinafter referred to as the Rental Company) rents the vehicle (motorbike) identified in the rental contract on the following terms and conditions.

This document includes all the terms and conditions of the rental agreement executed between the Rental Company and the Renter, which should read it carefully. If the Renter does not understand any of the provisions of this document, the Renter must require pertinent clarifications from the representative of the Rental Company. With the signature of this document the Renter acknowledges that he did not request any clarification that has not been provided.

 

BOOKING CONDITIONS​

  1. Driving License: Both the renter and any additional drivers must provide a valid, unexpired driver’s license for the class of motorcycle rented (including any necessary endorsements) in their name, held for at least 3 years. If your driver’s license is not issued in Europe, then you must also bring an international driving permit.
  2. Identification: A passport or personal ID card is required
  3. Credit Card: The renter must have a credit card (Visa or Mastercard) in their own name when picking up the motorcycle (American Express, Diners, prepaid credit cards, charge cards, or cash cards will not be accepted). An authorization hold will be placed on your credit card for the Non-Waivable Excess (NWE) security deposit amount. The card must have sufficient available funds to cover the hold for the duration of the rental.
  4. Reservation confirmation: The renter must present the Reservation Confirmation when picking up the motorcycle.
  5. Roadside Assistance: Road assistance is available in the country of the pick-up location. Please ask at the desk for details.
  6. Payment Information: To confirm the reservation, the Renter must pay a reservation deposit equal to 20% of the total rental amount. The Rental Company reserves the right to withhold confirmation of the booking until receipt of the deposit has been verified. The remaining balance is due at the time of motorcycle pick-up. The Total Amount Due at Pick-Up will be charged in the local currency of the rental location. Any other currency displayed is for information purposes only.
  7. Extensions, Amendments, Cancellations and No-Shows: If you wish to extend or modify your rental before the pick-up date and time specified on the Reservation Confirmation, you must contact Hertz Ride at hertzride@hertzride.com. Please note that the estimated total charges will be recalculated based on availability and prices at the time the modification is made. The total charges may be higher or lower than the originally booked price. If the original reservation was subject to a promotional or discounted rate, you may no longer be eligible for that rate, and the modified reservation may be at a higher rate. You will not receive a credit or refund if you return the rented motorcycle earlier than the scheduled drop-off date and time. 
  1. Modifications: Reservation modifications must be requested by email through our Contact Center at hertzride@hertzride.com. All modifications are subject to motorcycle availability and the rates in effect at the time the change is processed. As a result, the total rental charges may be higher or lower than the amount originally booked. This policy applies to any changes to the pick-up location, drop-off location, pick-up date and time, drop-off date and time, motorcycle category or group, as well as any additional products, services, or extras. The Rental Company reserves the right to apply any applicable fees or rate adjustments resulting from the requested modification.
  2. Cancelations: If you wish to cancel your reservation, you must inform Hertz Ride in writing at hertzride@hertzride.com before your rental is due to start. The payment made at the time of reservation is refundable only if the reservation is cancelled at least 30 days before the scheduled pick-up date. Cancellation fees may apply.
  3. No Shows: reserves the right to refuse the motorcycle to any user who fails to arrive on time (within a 30-minute grace period), fails to provide all required documentation and/or information, or fails to provide a credit card with sufficient available funds for the deposit. The motorcycle may also be refused if the driver shows signs of being under the influence of alcohol, drugs, or any other substance affecting their perception or reactions, or otherwise appears unfit to operate the motorcycle. In such cases, unless the rental has been cancelled in advance, the renter will be considered a "no-show" and will not be entitled to a refund.
  1. Extras: All optional extra equipment and services are subject to local availability and cannot be guaranteed. The optional equipment is provided “As-Is,” and you are responsible for ensuring that you understand how to use and/or install any optional equipment.
  2. Optional Special Damage Coverage: At the counter, customers may opt to add additional coverage for damage responsibility. Please ask our Customer Sales Representative at the location for details on the available coverage options.

 

  1. NATURE OF THE AGREEMENT
  1. This Agreement is an agreement for the rental of the Motorcycle. You may not transfer or assign your rights in this Agreement or your right to use the Motorcycle.
  2. The Renter understands that we are not an affiliate, agent or franchisee of The Hertz Corporation (or any of its affiliates) (collectively “Hertz”). We are an independently owned and operated company with a limited license from Hertz to use the name, “Hertz Ride” in connection with a motorcycle rental business in Europe. The Renter understands and agrees that Hertz is not a party to this Agreement and has no obligations to him. The Renter agrees that will not make any demands or pursue any claims against Hertz.
  3. The Renter understands that original Equipment Manufacturers (OEMs) are not directly involved in and responsible for the organization and management of the Rentals, so no misunderstanding shall occur when we mention the wording “OEM Rental Partner” or the official Rental Partner of a specific OEM.

 

  1. CONDITION OF THE MOTORCYCLE – DELIVERY AND RETURN

The Renter acknowledges that has received the Motorcycle in good working and clean condition, including both tires, and agrees to return it in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.   

The Renter is prohibited to modify any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or to make any aesthetic change to the Motorcycle, including the application of stickers, vinyls or camera brackets without its removal. If the Renter breaches this provision, he will be responsible for all costs that the Rental Company incur to restore the Motorcycle to its original status, as well as for the damage suffered by stopping the Motorcycle while it is being repaired.  

If the Motorcycle is used in breach of the provisions of the Agreement, the Rental Company may, at any time and without prior notice, terminate the Agreement and take back possession of the Motorcycle, at the Renter's expense.

If the Motorcycle is not returned 48 hours after the return date and time stipulated in the Rental Agreement, the police will be notified of its disappearance.

 

  1. RENTAL PERIOD

The minimum Rental Period is one day. A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If the Renter returns the Motorcycle more than 29 minutes after the scheduled return time, the Rental Company reserves the right to charge the Renter for an additional rental day at the applicable daily rate as shown on the Price List. If the Renter wishes to extend the scheduled Rental Period, the Renter must request for the Rental Company express written authorization and pay for the estimated additional charges before the scheduled return time. Under no circumstances may the deposit be used as form of payment in case of extension of the Rental Agreement.

 

  1. RENTAL RATE AND DEPOSIT 

The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when the Renter signs this Agreement. The standard payment method is credit card or debit card.  The Renter pays the total amount of the rental with the signature of this Agreement. The Renter allows the Rental Company to block the amount of the deposit on his credit card at the time of the rental (see the Price List at the counter), as well as the total estimated charges. The Rental Company may use the blocked amount to pay all charges. The Rental Company authorizes the release of the blocked value at the end of the rental if it is not necessary to pay any additional charges. The rules of the issuer of the payment card of the Renter will be applied to credit any amount the Renter´s account, which may not be immediately available by the Renter´s card issuer.

 

  1. CHARGES

All charges referred to in this Agreement are calculated in accordance with the Rental´s Company current Price List and based on the use of the Motorcycle by the Renter. The Renter agrees to pay at the Rental´s Company request or, being the case to reimburse, the following amounts:

  1. Daily Rental Rate for the Rental Period, including an additional mileage fee if you exceed the daily mileage indicated on the Rental Agreement;
  2. A mileage charge based if the odometer is tampered with or disconnected;
  3. Fees for optional products, equipment, and services that were acquired; 
  4. Fuel and a refuelling fee if the Motorcycle is returned with less fuel than when it was rented;
  5. Expenses that the Rental Company incur to locate and to recover the Motorcycle if the Renter fails to return it or if the Rental Company repossess it under the terms of this Agreement;
  6. All costs incurred by the Rental Company to enforce or defend its rights under this Agreement;
  7. A cleaning fee, as indicated at the Price List, to clean the Motorcycle if returned substantially less clean than it was rented or if stickers, vinyls or camera mounts are applied without removing them;
  8. A lost key fee if the Renter loses the keys of the Motorcycle;
  9. Other surcharges if the Renter returns the Motorcycle to a location other than the location where the Motorcycle was rented;
  10. Towing and all other charges incurred by the Rental Company arising from the improper use of the Motorcycle by the Renter;
  11. Cost of replacing damaged or lost parts and materials used in Motorcycle accessories or optional equipment, such as helmets, intercom systems, low seats or navigation systems;
  12. The costs of issuing the Motorcycle documentation, in case of loss or misplacement.

All complaints or objections regarding the aforementioned charges must be communicated to the Rental Company, within a maximum period of 30 days after receipt of the invoices, after which they will not be considered accepted.

The Renter authorizes that the rental charges, and any others that are directly or indirectly related to the rental of the Motorcycle, even after its return and in accordance with the Agreement be debited from the credit card account or another account indicated for the it.

 

  1. RESPONSIBILITY FOR DAMAGE OR LOSS OF THE MOTORCYCLE
  1. In the event of any loss or damage, theft or robbery of the Motorcycle or parts of it while on rental, Renter shall pay the Rental Company the amount of all costs and losses including, without limitation, repair costs, depreciation, loss of renting revenues, towing and Motorcycle collection expenses, the amount established in the current Price List as the maximum non-waivable excess (Price List at the counter) or if higher, the amount of the costs, losses or damages effectively incurred
  2. The Renter limits his responsibility under the terms set out below. In any event it is established that said limitation of responsibility is expressly excluded (i) in case of breach by the Renter or by any unauthorized driver, with intend or gross negligence, of the terms of this agreement; (ii) if the damages result, in any case, of the behaviour of an unauthorized driver; (iii) in case of dangerous driving of the Motorcycle or driving the Motorcycle in violation of any applicable regulations and, especially, in case of noncompliance with the Road Code, particularly when the damages are result of negligence from the Renter, speeding or driving under the influence of alcohol or narcotics.
  3. The Collision Damage Waiver (hereinafter CDW) and the Theft Protection (hereinafter TP) are included in the daily rental rate. In the CDW, liability for loss, damage or theft of the motorcycle is according to the following table:                            
    CDW (included) Liability & Deposit
    Engine (cc) < 700 cc 700 cc to 850 cc > 850 cc
    Liability 4,000 € 5,000 €  8,000 € 
    Deposit 1,750 € 2,000 €  3,000 € 
     
  4. The Renter can acquire the services Super Cover or Super Pack. Should the Renter acquire the Super Cover or the Super Pack, reduces his responsibility for loss, damages or theft of the Motorcycle according to the following table:
      
    Extra Coverages - Liability & Deposit
    Engine (cc) < 700 cc 700 cc to 850 cc > 850 cc
    Super Cover 750 € 750 €  1,000 € 
    Super Pack 500 € 500 €  750 €

CDW, Super Cover and Super Pack do not apply to optional equipment that we rent for use on the Motorcycle. CDW, Super Cover and Super Pack also do not cover lost keys.

 

  1. RENTER’S RESPONSIBILITY

Rental Company shall not be held responsible for any loss or damage suffered by the Renter except in the event of gross negligence, intend, or in case of death or bodily injury in case the responsibility cannot be legally excluded.

 

  1. DRIVERS

Only drivers who meet the following requirements are allowed to rent motorcycles:

  1. a driving license valid and issued at least 3 years ago in the country of permanent residence that qualifies the person to use a Motorcycle of the same category as the rented Motorcycle, as long as the license is issued by a country of the European Union and the European Economic Area (Iceland, Liechtenstein and Norway); or a country license that is written in Spanish or accompanied by an official translation thereof; or country licenses issued in accordance with Annex 9 of the Geneva Convention, or Annex 6 of the Vienna Convention, or that differ from these models only in the adoption or suppression of non-essential headings (these licenses will be valid when the maximum period of six months has not elapsed since normal residence in Spain has been acquired; the current driving license is valid; and the holder has the required age in Spain to obtain an equivalent Spanish license. In all other cases, an International Driving Permit must be presented together with the Renter's Driving Permit and Passport;
  2. minimum age with and without Young Driver Surcharge (YDS) according to the following table:
Engine Minimum age Minimum age (YDS)
< 500 cc 21 years Not Applicable
501 cc to 800 cc 25 years 21 years
> 801 cc 28 years 25 years

 

  1. CONDITIONS OF USE

The Renter must take care of the Motorcycle, ensuring that the handlebars are locked and blocked and parked in a safe place when not in use, apply adequate fuel, as well as connect and use the safety devices displayed on the vehicle.

The Renter must not use or allow the use of the vehicle in the following circumstances:

  1. Transport of passengers or cargo for remuneration;
  2. To propel or tow any vehicle, trailer or other object;
  3. Transport cargo for any illegal purpose;
  4. To transport more than the maximum number of passengers specified by the manufacturer or the applicable law, or transport passengers who are traveling in a position other than the seat designed for the use of passengers;
  5. Carry excessive cargo in relation to the weight/quantity/volume specified by the manufacturer;
  6. Transport corrosive or dangerous materials;
  7. On unpaved roads;
  8. Participate in any race, rally, test or other type of competition, as well as participate in any type of “track days”;
  9. To transport an animal;
  10. Outside the European Union, without prior authorization from the Rental Company;
  11. Ride in the cities of Milan, Naples, Palermo, Marseille and Grenoble.
  12. Transfer the Motorcycle to any island without prior written authorization;
  13. When the driver is under the influence of alcoholic beverages, drugs or any other substance that reduces his perception or reaction capacity;
  14. In violation of any traffic rules or, in general, for illicit purposes;
  15. For sublease;
  16. The Renter does not meet the minimum requirements stipulated in our current tariff with regard to age and valid driving license;
  17. By any other person who is not the authorized driver or who, if so, does not meet the minimum requirements demanded by the Lessor in terms of age and a valid driving license. In such cases, the Lessee is also responsible for using the Motorcycle and will have to indemnify the Lessor under the terms of the agreement;
  18. Carrying as passengers children under 12 years of age. Children over 7 years of age may be passengers as long as the renter of the motorcycle is their father, mother or guardian.

If the Renter violates any of the previous paragraphs, the Rental Company reserves the right to charge the Renter the total amount of damage caused to the vehicle, regardless of the additional coverage purchased.

 

  1. ACCIDENTS OR BREAKDOWNS

In case of accident, loss, damage or theft, the Renter undertakes cumulatively to:

  1. Call the police to the site of the accident.
  2. Report the event to the Rental Company within a maximum period of 24 hours.
  3. Fill out the Agreed Statement of Facts on Motorway Vehicle Accident which is included in the documents of the vehicle, as well as to complete and sign the accident or theft report form at the nearest Rental Company Location.
  4. To cooperate with Rental Company and its insurers in any subsequent investigation or legal proceedings. Similarly, in the event of a breakdown, the Rental Company must be immediately informed, applying the above rules, with the necessary adjustments.

Should the Renter fail to comply with the procedures mentioned above, regardless of additional coverage purchased, the Rental Company reserves the right to charge to the Renter the total amount of damages caused to the vehicle. The Rental Company is under no obligation to provide the Renter with a replacement motorcycle if the rented motorcycle is lost, damaged or stolen.

 

  1. VIOLATION OF TRAFFIC RULES

During the rental period, the Renter is entirely responsible for all fines and/or penalties resulting from the violation of any traffic, parking, and toll regulations, as well as for any inconvenience or responsibility resulting therefrom.

Should the Renter incur in any penalties and/or fines during the rental period, notwithstanding the amount to be paid for said penalties and/or fines, the Rental Company will also charge an administrative fee. The Rental Company shall provide the Renter, upon demand, a copy of any notification received regarding traffic, parking, and/or toll violations.

 

  1. PERSONAL BELONGINGS

Rental Company is not responsible for the loss or material damage caused to personal belongings left in the Motorcycle, either during the rental period or thereafter.

 

  1. DISPUTE RESOLUTION & ARBITRATION

This agreement is subject to Portuguese law. In case of dispute, the consumer may appeal to a Consumer Alternative Dispute Resolution Entity or to a court. The parties consider that the courts of Lisbon shall have jurisdiction, with express waiver of any other, in accordance with the provision of Regulation EC 44/2001, which provides that there is an agreement conferring jurisdiction to the courts of one of the Member States of the contracting parties.

 

  1. TELEMATICS NOTICE

The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize as per point “15. Personal Information” and based on your personal consent that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law.

This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR.

The Rental Company is not responsible for the operability of any telematics navigational or other system included with the Motorcycle to the extent permitted by law.

The motorcycle may be equipped with an “infotainment” system that allows Renter to connect their mobile devices. If you choose to do so, please be aware that the motorcycle can automatically load the address book, store your incoming, outgoing or missed phone calls and other information from your device. The Renter must follow the steps shown on the motorcycle's display system to delete this information and the device from the motorcycle's memory. The Rental Company is not responsible for ensuring the privacy of such information and cannot guarantee that other persons not authorized by the Rental Company have access to this information after returning the motorcycle.

 

  1. PERSONAL INFORMATION
  1. Upon signing the Agreement, the Renter must provide their personal data and the ones of the other driver(s) of the Motorcycle, for the purposes of identification, expressly authorizing the Rental Company to process the data electronically.
  2. According to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), the Rental Company informs that:                                                       
  1. The entity responsible for processing the personal data provided in the agreement is HR – Comercio de Automoveis e Motociclos, S.L.;                                                         
  2. The main purpose of personal data processing is the conclusion and performance of this agreement, pursuant to Article 6 (1) (b) from the GDPR;                                                
  3. Personal data may be transmitted to third parties for the purpose of fulfilling legal requirements to which the Rental Company is subject, pursuant to Article 6 (1) (c) of the GDPR, in particular to judicial authorities, police, tax authorities and customs and any other public authority as required by law;                                                                                             
  4. Personal data may be processed for other purposes, to which the Renter has given the Rental Company express consent;
  5. The Rental Company will keep the personal data processed for the period of time necessary for the provision of services, billing and compliance with legal obligations.
  1. The data subject has the right to, at any moment, access their personal data, as well as, within the agreement and GDPR terms, to rectify them and object their processing, to decide in regard of automated processing, to withdraw consent, request erasure of personal data and exercise the rights provided in applicable law (except when the data is necessary for the performance of the agreement and therefore, mandatory to provide, as well as for the compliance of legal obligations the Rental Company is subject).
  2. If the Renter withdraw his/her consent, it does not affect the lawfulness of processing carried out until that moment.
  3. The data subject has the right to be notified, in accordance with the GDPR, in the event of a personal data breach which may result in a risk to their rights and freedoms and may submit a claim to the competent authority(ies).
  4. Personal data may be transmitted to third parties which provide services to the Rental Company, whenever these services require the transfer of information contained in the rental agreements.
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France

BOOKING CONDITIONS OF MOTORCYCLE RENTAL

 

  1. Affiliate Partner: The renter acknowledges that the reservation will be handled by a Hertz Ride Certified Affiliate Partner in Paris.
  2. Driving License: The renter and any additional drivers must present a valid, unexpired driver’s license in their own name for the class of the rented motorcycle, including any required endorsements. If the license was not issued in Europe, an international driving permit is also required.
  3. Identification: A passport or ID card is required.
  4. Payment Information: To confirm the reservation, the renter must pay Hertz Ride a reservation deposit equal to 15% of the total rental amount. The amount due will be charged in the local currency.
  5. Security Deposit: The renter will be contacted by our Certified Affiliate Partner in Paris to arrange the Security Deposit details required before the pick-up date. The renter must provide a Security Deposit corresponding to the Non-Waivable Excess (NWE), to be completed online prior to the pick-up date. American Express, Diners Club, prepaid cards, debit cards, virtual cards, and cash cards are not accepted for the security deposit. The Renter should check with their bank and, if necessary, increase their card authorization and spending limits before arriving at the rental location. The full security deposit amount must be authorized for the entire rental period. Failure to provide a valid security deposit may result in the motorcycle being refused, without entitlement to a refund.
  6. Reservation confirmation: The renter must present the Reservation Confirmation when picking up the motorcycle.
  7. Modifications: If you wish to extend or modify your rental before the pick-up date and time specified on the Reservation Confirmation, you must contact Hertz Ride at hertzride@hertzride.com. Please note that the estimated total charges will be recalculated based on availability and prices at the time the modification is made. The total charges may be higher or lower than the originally booked price. You will not receive a credit or refund if you return the rented motorcycle earlier than the scheduled drop-off date and time. 
  8. Cancellations: If you wish to cancel your reservation, you must inform Hertz Ride in writing at hertzride@hertzride.com before your rental is due to start. The payment made to Hertz Ride at the time of booking is refundable only if the reservation is cancelled at least 30 days before the scheduled pick-up date. The Affiliate Partner reserves the right to charge cancellation fees to the renter's credit card.
  9. No Shows: In the event of a no-show, where the renter does not collect the motorcycle at the agreed pick-up date and time, the Affiliate Partner reserves the right to charge the remaining balance of the reservation to the renter's credit card. The Affiliate Partner reserves the right to refuse the motorcycle to any user who fails to arrive on time (within a 30-minute grace period), fails to provide all required documentation or information, or fails to provide a credit card with sufficient available funds for the deposit. The motorcycle may also be refused if the driver shows signs of being under the influence of alcohol, drugs, or any other substance that affects their perception or reactions, or otherwise appears unfit to operate the motorcycle. In such cases, the renter will be considered a "no-show" and will not be entitled to a refund.
  10. Additional Optional Services: The Affiliate Partner may offer optional services directly to the renter, either before pick-up or at the rental location. These services may include, but are not limited to, excess reduction packages, additional protection options, and luggage storage during the rental period. Any optional services are provided directly by the Affiliate Partner and are subject to the Affiliate Partner's local terms, conditions, availability, and pricing.
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Italy

 

BOOKING CONDITIONS OF MOTORCYCLE RENTAL

 

  1. Affiliate Partner: The renter acknowledges that the reservation will be handled by a Hertz Ride Certified Affiliate Partner in Italy.
  2. Driving License: The renter and any additional drivers must present a valid, unexpired driver’s license in their own name for the class of the rented motorcycle, including any required endorsements. If the license was not issued in Europe, an international driving permit is also required.
  3. Identification: A passport or ID card is required.
  4. Payment Information: To confirm the reservation, the renter must pay Hertz Ride a reservation deposit equal to 10% of the total rental amount. The amount due will be charged in the local currency.
  5. Security Deposit: The renter will be contacted by our Certified Affiliate Partner in Paris to arrange the Security Deposit details required before the pick-up date. The renter must provide a Security Deposit corresponding to the Non-Waivable Excess (NWE), to be completed online prior to the pick-up date. American Express, Diners Club, prepaid cards, debit cards, virtual cards, and cash cards are not accepted for the security deposit. The Renter should check with their bank and, if necessary, increase their card authorization and spending limits before arriving at the rental location. The full security deposit amount must be authorized for the entire rental period. Failure to provide a valid security deposit may result in the motorcycle being refused, without entitlement to a refund.
  6. Reservation confirmation: The renter must present the Reservation Confirmation when picking up the motorcycle.
  7. Modifications: If you wish to extend or modify your rental before the pick-up date and time specified on the Reservation Confirmation, you must contact Hertz Ride at hertzride@hertzride.com. Please note that the estimated total charges will be recalculated based on availability and prices at the time the modification is made. The total charges may be higher or lower than the originally booked price. You will not receive a credit or refund if you return the rented motorcycle earlier than the scheduled drop-off date and time. 
  8. Cancellations: If you wish to cancel your reservation, you must inform Hertz Ride in writing at hertzride@hertzride.com before your rental is due to start. The payment made to Hertz Ride at the time of booking is refundable only if the reservation is cancelled at least 30 days before the scheduled pick-up date. The Affiliate Partner reserves the right to charge cancellation fees to the renter's credit card.
  9. No Shows: In the event of a no-show, where the renter does not collect the motorcycle at the agreed pick-up date and time, the Affiliate Partner reserves the right to charge the remaining balance of the reservation to the renter's credit card. The Affiliate Partner reserves the right to refuse the motorcycle to any user who fails to arrive on time (within a 30-minute grace period), fails to provide all required documentation or information, or fails to provide a credit card with sufficient available funds for the deposit. The motorcycle may also be refused if the driver shows signs of being under the influence of alcohol, drugs, or any other substance that affects their perception or reactions, or otherwise appears unfit to operate the motorcycle. In such cases, the renter will be considered a "no-show" and will not be entitled to a refund.
  10. Additional Optional Services: The Affiliate Partner may offer optional services directly to the renter, either before pick-up or at the rental location. These services may include, but are not limited to, excess reduction packages, additional protection options, and luggage storage during the rental period. Any optional services are provided directly by the Affiliate Partner and are subject to the Affiliate Partner's local terms, conditions, availability, and pricing.
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