Portugalska
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.
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.
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.
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.
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:
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.
CDW, SCDW and SCDW VIP do not apply to optional equipment that we rent for use on the Motorcycle. CDW, SCDW and SCDW VIP also do not cover lost keys.
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.
Only drivers who meet the following requirements are allowed to rent motorcycles:
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:
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.
In case of accident, loss, damage or theft, the Renter undertakes cumulatively to:
Should the Renter fail to comply with the procedures mentioned above, regardless of additional coverage purchased (CDW, TP or SC), the Rental Company reserves the right to charge to the Renter the total amount of damages caused to the vehicle.
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.
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.
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.
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 “17. 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.
Španija
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.
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.
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.
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.
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:
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.
CDW, SCDW and SCDW VIP do not apply to optional equipment that we rent for use on the Motorcycle. CDW, SCDW and SCDW VIP also do not cover lost keys.
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.
Only drivers who meet the following requirements are allowed to rent motorcycles:
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:
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.
In case of accident, loss, damage or theft, the Renter undertakes cumulatively to:
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.
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.
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.
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.
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 “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 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.
Združene države Amerike
The Renter acknowledges receiving the Motorcycle in good working and clean condition, including both tires, and agrees to return it to us in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.
You are prohibited from modifying any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or from making any aesthetic change to the Motorcycle. If you breach this provision, you will be responsible for all costs that we incur to restore the Motorcycle to its original status plus, to the extent permitted by law, consequential and incidental damages due to our inability to use the Motorcycle while it is being repaired.
To the extent permitted by law: (a) we may repossess the Motorcycle at your expense without notice to you if it is abandoned or used in violation of law or this Agreement; and (b) if the Motorcycle is not returned 48 hours after the date and hour return time as stipulated in the Rental Agreement, it will be considered embezzled or converted and may be reported to the police as stolen. Failure to return the Motorcycle may constitute a crime punishable to the fullest extent provided under applicable law.
The minimum Rental Period is one day. A “day” is a 24-hour period beginning on the date and time noted on 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 shown on the Price List. If you wish to extend the scheduled Rental Period, you must request our 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 Agreement. If you fail to return the Motorcycle when due and continue to use it without our express authorization, we may terminate this Agreement, and you will have sole responsibility for the payment of any fines or penalties assessed against you, the Motorcycle or us due to the lack of updated documentation.
The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when you sign this Agreement. The standard payment method is credit card. Payment by cash or debit card requires our prior authorization and may be subject to additional conditions. If we authorize payment in cash, we reserve the right to request one or more credit cards of the Renter as guarantee. You permit us to reserve against your payment card (or, if we choose, take a cash deposit) at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve or deposit to pay all Charges. We will authorize the release of an excess reserve (or return of a cash deposit) at completion of your rental if no additional Charges are payable. Your payment card issuer’s rules will apply to crediting your account for any excess, which may not be immediately released by your card issuer.
All Charges are based on our current Price List, which is available for your review at the rental counter. All Charges are payable in U.S. dollars. You will pay us at or before conclusion of rental, or on demand, all Charges, including:
There is no refund for late pick-up or early return. If you use a credit card or other payment card issued by a bank or financial institution outside of the United States, we will charge your credit card in US dollars. Any currency conversion will be handled by the issuing bank. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. You must notify us of any disputes to the Charges no later than 30 days after your receipt of the invoice.
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WE AND THE MANUFACTURER OF THE MOTORCYCLES AND ITS AFFILIATES (THE ‘MANUFACTURERS”) HAVE NOT MADE, DO NOT MAKE, AND DISCLAIM ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MOTORCYCLE, INCLUDING, ITS DESIGN, CAPACITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE; AND (B) AGREE THAT NEITHER US NOR THE MANUFACTURERS WILL BE LIABLE TO YOU FOR ANY LOSS OR OTHER DAMAGES OR EXPENSES OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING IN CONNECTION WITH, THE MOTORCYCLE, ITS USE, OPERATION OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE MOTORCYCLE.
You must report all accidents or incidents of theft or vandalism to us and the police as soon as you discover them.
FOR RENTALS COMMENCING IN CALIFORNIA: You are responsible for all damage to or loss of the Motorcycle caused by collision, regardless of fault. Subject to limits of California law, your responsibility includes: (a) all physical and mechanical damage to the Motorcycle measured as follows: (i) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle less salvage; (ii) if we determine that the Motorcycle is repairable, the actual or estimated cost of the repairs performed; (b) an administrative fee; and (c) our actual charges for towing, storage, and impound. You are responsible for loss due to theft of the Motorcycle and damage caused by vandalism that occurs in connection with a theft if you fail to exercise ordinary care while in possession of the Motorcycle. You are responsible for damage due to vandalism not associated with theft of the Motorcycle up to a maximum of $500. You are responsible for replacing missing equipment and Motorcycle documents and keys. You must report all Motorcycle accidents and incidents of theft or vandalism to us and the police upon discovery.
FOR RENTALS COMMENCING IN ILLINOIS: You are responsible for all damage, loss or theft of the Motorcycle during the Rental Period resulting from any cause, including collision, weather, vandalism, and road conditions. Your responsibility includes: (a) all physical and mechanical damage to the Motorcycle as follows: (i) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle, less salvage; (ii) if we determine that the Motorcycle is repairable, the lesser of: (A) the actual or reasonable estimated retail value or actual cost of repair; and (B) the fair market value of the Motorcycle immediately before the damage or loss; (b) Loss of Use, measured by multiplying your daily rental rate by the actual or estimated number of days from the date of Motorcycle damage until it is replaced or repaired divided by 4, which you agree is a reasonable estimate of Loss of Use damages, not a penalty, and payable regardless of fleet utilization; (c) a reasonable administrative fee for expenses we incur processing a damage claim; and (d) towing, storage, and impound charges. You are responsible for replacing missing equipment and Motorcycle documents and keys. You must report all Motorcycle accidents and incidents of theft or vandalism to us and the police upon discovery. Motorcycle MSRP of $50,000 or less: Your responsibility for loss or damage due to causes other than theft will not exceed $19,500. Beginning June 1, 2021, the maximum amount we may recover will increase by $500 on June 1st of each year. You also are responsible for loss due to theft of the Motorcycle up to a maximum of $2,000, unless you fail to exercise ordinary care while in possession of the Motorcycle. If you committed, or aided in, the theft of the Motorcycle, you will be liable up to the Motorcycle’s fair market value. Motorcycle MSRP over $50,000: Your responsibility for loss or theft or damage to the Motorcycle will not exceed $50,000. Beginning October 1, 2020, the maximum amount that we may recover will increase by $1,000 on October 1st of each year.
If you purchase CDW, we will waive our right to hold you financially responsible for all or a portion of collision damage to the Motorcycle as noted on the current Price List. Where permissible, we also offer “Super CDW,” and “Super CDW VIP.” If you purchase Super CDW, your financial responsibility for collision damage to the Motorcycle will be limited to the amount noted on the current Price List. If you purchase Super CDW VIP, your financial responsibility for collision damage to the Motorcycle will be limited to the amount noted on the current Price List. Super CDW and Super CDW VIP are not available in California. CDW, Super CDW, and Super CDW VIP are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW, Super CDW, and Super CDW VIP do not apply to Optional Equipment we rent to you for use in the Motorcycle. CDW, Super CDW, Super CDW VIP also do not cover locked keys. Your CDW, Super CDW, or Super CDW VIP will be invalidated, and we will not waive our right to hold you financially responsible for collision damage to the Motorcycle that results from a Prohibited Use (defined in Paragraph 10 below), except in the following states, where the following state-specific conditions described below apply:
FOR RENTALS COMMENCING IN CALIFORNIA: You are responsible for all collision damage to the Motorcycle, even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the Motorcycle, towing, storage, and impound fees. Your own insurance, or the issuer of the credit card you use to pay for the rental may cover all or part of your financial responsibility for damage to, or loss of, the rented motorcycle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of deductible, if any, for which you may be liable. If you use a credit card that provides coverage for your responsibility for damage to, or loss of, the Motorcycle, you should check with the issuer to determine whether or not you must first exhaust the coverage limits of your own insurance before the credit card coverage applies. We will not hold you responsible for damage to or loss of the Motorcycle if you buy CDW. But, CDW will not protect you if: (a) if you provided fraudulent information to us or if you provided false information to us and we would not have rented the Motorcycle had we received true information; (b) if damage to or loss of the Motorcycle results from: (i) your intentional, willful, wanton, or reckless conduct; (ii) operation of the Motorcycle under the influence of drugs or alcohol in violation of § 23152 of the California Vehicle Code; or (iii) towing or pushing anything, or operation of the Motorcycle on an unpaved road if the damage or loss is a direct result of the road or driving conditions; or (c) if damage to or loss of the Motorcycle occurs while the Motorcycle is: (i) used for commercial hire; (ii) used in connection with conduct that could be properly charged as a felony, or involved in a speed test, contest, or driver training activity; (iii) operated by a person other than an Authorized Driver; or, (iv) operated outside the United States. The fee for Collision Damage Waiver is limited to the amount noted on the current Price List. Purchase of a CDW is optional and is not required in order to rent the motorcycle.
FOR RENTALS COMMENCING IN ILLINOIS: Any CDW purchased by you will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Motorcycle if the loss or damage results from or occurs: (a) while the Motorcycle is used to carry persons or property for a charge or fee; (b) during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved; (c) and that could reasonably be expected from an intentional or criminal act of the driver other than a traffic infraction; (d) any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles; (e) if this Agreement is based on fraudulent or material misrepresentation by the renter; (f) arising out of the use of the Motorcycle outside the continental United States or Canada; (g) while the Motorcycle is operated by a driver not permitted under the rental agreement; or (h) while the Motorcycle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code. The fee for Collision Damage Waiver is limited to the amount noted on the current Price List.
Roadside assistance is available to all renters. In some cases, we may offer additional Roadside Assistance protection. If you purchase the optional Roadside Assistance protection, we (or our designee) will provide you with towing, emergency fuel delivery (up to two gallons), and jump start services without additional charge. If you do not purchase Roadside Assistance Protection, you may incur additional costs if we provide the services described above. When deciding whether to purchase Roadside Assistance Protection, you may wish to check whether you have other coverage for the services. ROADSIDE ASSISTANCE PROTECTION IS NOT INSURANCE AND IS OPTIONAL. ROADSIDE ASSISTANCE PROTECTION IS VOID IF YOU ARE IN BREACH OF THIS AGREEMENT, INCLUDING THE PROHIBITED USES IN PARAGRAPH 10.
You are liable for paying charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Motorcycle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we may, in our sole discretion, transfer liability for any Toll or Violation assessed against the Motorcycle during the Rental Period to you personally. If liability is transferred to you, we will charge you an administrative fee of up to $35 per Toll or Violation. You authorize us to release your rental and billing information, including payment card information, to the charging authorities for processing/billing purposes. Note: Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and our processing fees), you must pay all tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid tolls; or consult local authorities for other payment methods.
We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Motorcycle. If you fail to claim property left in the Motorcycle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Motorcycle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Motorcycle may be equipped with an infotainment system that permits you to pair your own mobile devices. If you choose to do so, please note that the Motorcycle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the motorcycle’s system screen to delete this information and the device from the Motorcycle’s memory. We are not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Motorcycle.
Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and Rental Company agree that each shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you intend to assert a claim against Rental Company, you must send the written notice of the claim to Attention: HR USA – MOTORCYCLE RENTALS & TOURS, INC., 2875 East Patrick Lane Suite B - Las Vegas, Nevada, +1 702 723 9783. Rental Company intends to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30 day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by law). Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and Rental Company arising out of, relating to or in connection with your rental of a car from Rental Company and the Rental Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. Both parties waive the right to jury trial. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.
YOU AND RENTAL COMPANY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Rental Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Rental Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Rental Agreement to the contrary, the parties agree that if Rental Company seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) of which you have already provided notice to Rental Company. Information on AAA, its rules and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at http://www.adr.org.
Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding physical bodily injury and/or damage to or loss of a Vehicle related to your Rental Company rental, are exempt from the foregoing dispute resolution provision. Notwithstanding anything to the contrary in the Commercial Rules of the AAA, the parties agree to submit any dispute regarding the determination of the scope and validity of this arbitration provision and its exclusions (arbitrability) to a court rather than to an arbitrator.
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 that your 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. We are not responsible for the operability of any telematics navigational or other system included with the Motorcycle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
Some of the uses and disclosures in Hertz Ride Privacy Policy may involve the transfer and processing of your Personal Data to and in various countries around the world, that may have different levels of privacy protection than your country of residence or interaction with Us.
E.U. – U.S. PRIVACY SHIELD FRAMEWORK: The Rental Company in the U.S. participates in the EU-U.S. Privacy Shield Framework (the "Framework"). Company's participation in the Framework applies to Personal Data received in the United States from the European Union ("EU"). The Rental Company is committed to subjecting such EU Personal Data to the Framework to the extent that the Rental Company has received it in reliance on the Framework, including its Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Framework, visit the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov/list.
Where the Rental Company transfers your Personal Data outside of the European Economic Area or to any other organization in the US which participates in the Framework, or to a country which is not covered by an adequacy decision from the European Commission, the Rental Company implements standard contractual clauses.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law: (a) you waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement; and (b) you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
WARNING: Operating a motor vehicle can expose you to chemicals including engine exhaust, carbon monoxide, phthalates, and lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. To minimize exposure, avoid breathing exhaust, do not idle the engine except as necessary, and assure adequate ventilation inside the car. For more information go to www.P65Warnings.ca.gov/passenger-vehicle.