TERMS AND CONDITIONS FOR RENT A MOTORCYCLE
1.1 “Authorized Driver” means any person whose name appears on the motorcycle rental agreement along with You and complies with the license requirements of the agreement who will also be bound by the terms of the Motorcycle Rental Agreement;
1.2 The “Bond” is an amount that we charge and hold until the safe return of the motorcycle in accordance with the Motorcycle Rental Agreement. The Bond amount is also shown on the Motorcycle Rental Agreement;
1.3 The “Excess” amount is listed on the Motorcycle Rental Agreement and is payable in the event of loss or damage in accordance with chapter 8 (Loss Damage Waiver);
1.4 “Motorcycle Rental Agreement” means the document issued to You by Us prior to the commencement of the rental and sets out Your details the vehicles details and some of the fees, costs, amounts and charges payable under the Motorcycle Rental Agreement;
1.5 “Rental Charge” is the amount charged per day for the rental of the motorcycle, shown on the Motorcycle Rental Agreement;
1.6 “Motorcycle” means the vehicle described in the Motorcycle Rental Agreement and includes its parts, documents, all components, keys, GPS, accessories and contents as supplied by Us;
1.7 For the purposes of the Motorcycle Rental Agreement, the terms “We”, “Us” and “Our” refer to Motorcycle4Rent, its directors, officers, employees and agents;
1.8 The term “You” or “Your” refers to the person(s) with whom the Motorcycle Rental Agreement is made;
1.9 The term “Your Account” refers to Your credit card to which and charges are to be debited.
- RENTAL OF MOTORCYCLE
2.1 You agree to rent from Us the motorcycle for the amount and period(s) of time detailed in the Motorcycle Rental Agreement. The motorcycle remains Our property at all times and for the duration of this Agreement;
2.2 You must return the motorcycle to Us by no later than the return time shown on the Rental Agreement. The returning place is in Bucharest, Romania at the address indicated by Us. If You do not return the motorcycle at the Return Place (Bucharest, Romania) by the Return Time on the Return Date: (a) you must pay the greater of 10 Euro for each hour after the Return Time until you deliver same or the equivalent of one day’s Daily Hire Charge, and (b) we may report it as stolen.
2.3 You will hold a motorcycle license that is current and acceptable to the relevant traffic authority. If the license is not in English or Romanian, then an International Riders License will also be required;
2.4 You must be 25 years of age or older;
2.5 We reserve the right to refuse to rent any person a motorcycle if We deem the rider is not appropriately licensed or do not have the necessary skills to operate the vehicle.
- RENTAL CHARGE, DEPOSIT, BOND AND EXCESS
3.1 All payments are to be made by credit card only in Euro or RON (Romanian Lei). Accepted credit cards are Visa, Mastercard and Maestro;
3.2 You will pay a deposit by credit card of 20% or the full amount of the motorcycle rental charge. The deposit is made as a part payment of the motorcycle rental charge except in the instance of where the deposit is less than first rental day for each motorcycle;
3.3 You will pay to Us the rental charges set out on the Motorcycle Rental Agreement in full prior to the commencement of the rental;
3.4 A Bond will also be required to be paid in full prior to the commencement of the rental. The Bond amount is shown in the Motorcycle Rental Agreement and is between 1.000 euro to 2.000 euro depending of the motorcycle type; We will return the warranty immediately after you finish your tour and return our motorcycle in good condition without any trace of the accident and unaffected by abnormal wear;
3.5 You authorize Us to charge all amounts payable to Us under the Motorcycle Rental Agreement to Your Account.
- YOUR OBLIGATIONS You agree to:
4.1 To ride and operate the rented Motorcycle in a skillful way;
4.2 To keep and return the rented Motorcycle in good order (fair wear and tear only excepted);
4.3 To allow inspection by Us of the rented Motorcycle at any time;
4.4 Not to allow anyone else to ride the rented Motorcycle that is not listed on the Rental Agreement, unless authorized by Us;
4.5 Not to part with possession of the rented Motorcycle unless authorized by Us;
4.6 Not to ride the Motorcycle in a careless or dangerous manner, in breach of any statutes, regulation or rules, nor to operate or ride the motorcycle while under the influence of alcohol or drugs;
4.7 Not to use the Motorcycle for any illegal purposes, any hill climbing tests, reliability trials or contests, stationary revving or burnouts and shall not carry any load greater than for which the bike and its luggage compartments were constructed;
4.8 Not to ride the Motorcycle or permit it to be ridden when it is damaged or in an unsafe condition;
4.9 Not to use the rented Motorcycle for any commercial purpose;
4.10 Maintain the engine oil at the required level, and maintain chain tension and lubrication;
4.11 You must pay for any unauthorized parking, exceeding the speed limit and traffic infringements and tolls in respect of the Motorcycle during the rental period. Please note: usually, the Romanian traffic authorities notify after one or two months in case of traffic infringements.
- PLACES YOU CAN TAKE THE RENTED MOTORCYCLE
5.1 You must only use the motorcycle on a properly formed/constructed and recognized roadway.
- PLACES YOU CANNOT TAKE THE RENTED MOTORCYCLE
6.1 You must not use or drive the Motorcycle in any kind of improperly and unrecognized roads like beaches, forests, fields.
6.2 You must not transport the Motorcycle on a ferry or ship or other watercraft without Our permission inside or outside Romania. Even if We grant You permission however, You will still have to pay for the full cost we incur as a result of an accident, damage to or loss of the vehicle or any equipment, together with the cost of any damage You cause to other property whilst the Motorcycle is being transported.
7.1 Where damage occurs to the Motorcycle or mechanical difficulties arise, or the motorcycle is involved in an accident, You will immediately notify Us and will act in accordance with Our instructions;
7.2 If damage is caused by the misuse or abuse of the Motorcycle in Our opinion or You are in breach of the Terms and Conditions of the Rental Agreement You will be liable for the Rental Charge for the remainder of the unexpired hire period, together with all repair costs, replacement parts and recovery of the Motorcycle;
7.3 If You are involved in an accident You will obtain details of all parties involved including name, address and drivers license numbers. You agree to provide all assistance reasonably required by Us, in relation to any accident in which the Motorcycle may be involved, including the provision of statements or documents and will attend court to give evidence as required and meet with Our lawyers in relation to any legal action arising in connection with the rental of the Motorcycle;
7.4 Regardless of the circumstances of the accident You will not admit liability to the other parties of the accident for any reason;
7.5 You must notify the police if required under the relevant road rules;
7.6 You must not leave the Vehicle unattended before the arrival of a tow truck or salvage operator except if your health or safety would otherwise be endangered;
7.7 You must complete and return an Incident Report Form which We will supply to You.
- LOSS DAMAGE WAIVER
8.1 You must always pay to Us the following costs and fees including the cost of repairing or recovering any:
- water damage to the Motorcycle;
- damage to the Motorcycle or to the property of any third party caused by a breach of this rental agreement;
- damage to a tire or an accessory not attributable to normal wear and tear;
- damage to the Motorcycle or to the property of any third party caused deliberately or recklessly by You, any other driver of the Motorcycle or any pillion carried during the Rental Period;
- recovery costs when damage to the Motorcycle is caused deliberately or recklessly by You, any other driver of the Motorcycle or any pillion carried during the Rental Period;
- the cost of replacing, if lost or stolen, an accessory.
8.2 The cost of repair will be calculated by BMW Motorrad Romania network at our request.
9.1 Scheduled servicing is included in the cost of the rental; At the beginning of rental period You will be given the motorcycle with enough mileage until the service time. For example, if You rent a motorcycle for one week, You will be given the motorcycle with min. 2.100 km until the next service time (we calculate min. 300 km for each rental day).
9.2 Where You exceed the service mileage in the rental period You will notify Us so that We can arrange for the service to be carried out in a reasonable time frame at an authorized service outlet at Our expense;
9.3 It is Your responsibility to get the motorcycle to the pre-arranged service location;
9.4 There shall be no reduction in the Rental Charges while the Motorcycle is serviced.
- LATE RETURN OF MOTORCYCLE
10.1 Where You fail to return the Motorcycle by the end of the Rental Period without notification to Us, We may without affecting any other rights, notify the Police or any other authority and take such action or proceedings necessary for recovery of possession of the rented Motorcycle;
10.2 You agree to indemnify Us for all costs incurred by Us in connection with the recovery of the Motorcycle. We may enter any premises where We believe the Motorcycle may be located. In such cases the renter releases Us from any liability or damage incurred in retaking or attempting to retake the motorcycle.
- RENTAL CANCELLATION
11.1 A cancellation of any booking may result in loss of any moneys held for the booking
- WITHDRAWAL OF MOTORCYCLE
12.1 We reserve the right to retake the Motorcycle at any time without notice upon Us becoming aware that You are in breach of the Rental Agreement, or that the Motorcycle is damaged in any way, or that continuing to use the Motorcycle would adversely affect the Motorcycle and its performance.
- UNCONDITIONAL OBLIGATION
Your obligation to pay rental fees, service charges and any other moneys under this Motorcycle Rental Agreement is absolute and unconditional. Without limitation, Your obligations will continue notwithstanding any defect in, breakdown, accident, loss, theft or damage to the Motorcycle.
- CONDITION OF MOTORCYCLE
14.1 After having examined the Motorcycle at the commencement of the rental period You agree that the Motorcycle is as stated in the Rental Agreement.
- EXCLUSION OF WARRANTIES
15.1 To the full extent permitted by law, all express and implied terms, conditions and warranties (other than the ones set out in this agreement) are excluded;
15.2 We are not liable for any damage, injury or loss to any person or property arising from possession, operation or use of the Motorcycle.
- GOVERNING LAW
16.1 The Rental Agreement and all transactions under the Rental Agreement are governed by the Romanian laws.