Rental Terms Agreement

Rental Terms and agreements

These rental conditions are a constituent part of the contractual agreement between Ondrej Vymetalik NIF - Y5137294M (Renter) hereby known as CANARY RIDE and the customer (Hirer), governing the use of motorcycles. Rights to deviations, variations or supplemental provisions, which shall be valid only in writing, reserved.

Unless otherwise stated, all prices shall include unlimited kilometres (mileage), third-party insurance, and local IGIC tax.

1. Reservation and payment

All bookings require a valid credit card (VISA, MasterCard) in order to be processed. During online booking, you can choose payment via credit card gateway or bank wire. All reservations require full payment in advance.

1. Minimum duration

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 you return the Motorcycle more than 30 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.

1. Return Policy

 A rental day is 24 hours. – If you pick up the bike at 10:00 AM it is due back by 10:00 AM on the agreed day. We do not offer hourly or partial day rates. Even if the motorcycle is returned before the agreed rental period has expired, the rental amount agreed in the contractual agreement is to be paid in full.

1. Guarantee of availability

After you place a reservation, you will receive a confirmation via email. This is the guarantee of availability of the booked motorcycle, however CANARY RIDE reserves the right to substitute the requested rental motorcycle at any time due to unforeseen circumstances. CANARY RIDE strives to ensure that you ride the motorcycle you are confirmed on. Unfortunately, at times, certain unexpected and uncontrollable situations arise; this includes, but is not limited to, mechanical failure, collision damage, and theft. Should CANARY RIDE not be able to replace a confirmed motorcycle with the confirmed type or similar, a refund for the difference in service will be exacted to participants. This constitutes the maximum liability of CANARY RIDE.

1. Cancellation (total or partial) and rescheduling

The cancellation policy is the following: We will not charge any fee if the cancellation is made more than 30 days before arrival. If the cancellation is between: 29 – 15 days before departure, you will pay 30%, 14 – 8 days before departure, you will pay 50%, 7 days to 1 day before departure, you will pay 80% If you simply don’t turn up or arrive late, you will pay 100%

It is possible to change your rental dates one time only for a surcharge. You must advise of the change with at least 7 business days lead time, provide the new rental days, which must be within 12 months of the original dates. The surcharge to change dates is 20% of the original rental cost, with a minimum of 100 Euros.

In case of Force Majeure:

In the case that a motorcycle rental cannot start or is interrupted once started, for motives of Force Majeure outside the control of CANARY RIDE and  the client, as could be the case of a natural disaster, prolonged strikes, world health alert, war,  the policy of CANARY RIDE is:

—If the rental has not begun yet, CANARY RIDE reserves the right to hold all money paid by the client for the rental at the moment of cancellation and apply the full amount as a credit to be used towards a future rental.

— If the rental has begun and has to be interrupted, CANARY RIDE reserves the right to hold all money paid by the client for the rental and apply the proportional unused money as a credit towards a future rental.

1. Obligations of Hirer

The hirer shall use the motorcycle with due care and attention, observe the appropriate technical codes of practice and operating instructions, as well as ensure road safety. Oil, water level, tire pressure, tire profile and the correct tension of the drive chain are to be regularly checked by the lessee during the rental period.The Hirer shall comply with legal requirements, especially the provisions of road traffic regulations. The hirer is responsible for complying with drive and health regulations, including having a valid passport or national ID, a proper health insurance and a EU driver´s license or an International Driver´s license for the duration of their stay. The hirer shall be liable for the payment of all administrative fees, fines and penalties that are attributed to his/her use of the motorcycle. The renter is free to charge a processing fee of €25– per penalty.
The hirer undertakes to lock the motorcycle with the handlebar lock when it is parked. The hirer shall stop the vehicle as soon as possible when any warning light comes on that indicates an anomaly in its operation, and must contact the renter as soon as possible by calling the telephone numbers provided.

It is prohibited for the hirer to:

• Allow anyone, who has not been previously authorized in the rental agreement, to use the motorcycle.
• Allow anyone, who is not trained to drive, or who does not have a valid driving license or is in a state not suitable for driving, to use the motorcycle.
• Drive the motorcycle himself or herself, without being able to do so or without having a valid driving license
• Use of the motorcycle under inappropriate conditions
• Use of the motorcycle for commercial purposes
• Participate with the motorcycle in events of motorcycling of any type, including the practices or tests of these events
• Use the motorcycle off-road (unpaved roads) or on racetracks or beaches.
• Pawn or sell the motorcycle in whole or in parts, its equipment, its accessories and its documentation, in any way that infringes the property rights of the lessor or any other right that has the lessor on the motorcycle.
• Making any technical changes to the vehicle
• Changing the appearance of the vehicle, including in particular paintwork, stickers, adhesive films or various brackets (GoPro, etc.). In this case, the renter is free to charge a corresponding cleaning fee.
• Take the motorcycle to African countries, like Morocco

1. Obligations and Liability of the Renter

The renter shall hand over the motorcycle in a technically correct, road-safe and clean condition. The Hirer shall additionally receive the vehicle documents and tools. The Renter shall recognize and accept existing damage only if it is defined in writing in the damage form as part of the handover procedure. If, through no fault of the Hirer, a repair is necessary during the rental period in order to ensure operation or maintain roadworthiness of the motorcycle, the Hirer must receive the Renter’s consent before proceeding with the repair. Further claims, irrespective of whatever legal reason, are excluded unless the damage or loss to the Hirer is attributed to intend or gross negligence on the part of the Renter. The Renters liability for non-performance and default is limited to the rental price. Further claims, for whatever legal reason, are excluded.

1. Liability of the Hirer for Damage

From the moment of transfer through to return of the motorcycle, the Hirer shall be liable to the Renter even for the slightest negligence/carelessness in terms of the demise (including the loss or confiscation) of the motorcycle as well as for all damage (such as accident or operational damage, damage as the result of improper use and damage that reduces the value of the motorcycle) that occurs beyond the scope of normal wear of the motorcycle during the rental period. In the case of damage to the rental motorcycle, the Hirer shall be liable for the costs of repair, invoicing and return actually incurred or defined by an expertise appraisal as well as for the costs of expertise, the reduction in technical and market value up to the amount of the damage deductible option chosen. The burden of proof of lesser damage shall lie with the Hirer.

For occurring tire damage (flat tires) during the rental period, the hirer is solely responsible. The replacement of the damaged tire is to be carried out at the expense of the hirer, even if the damage is determined only at the time when the motorcycle is returned. The value of the tire will be calculated, depending on the rest profile of the tire. As an example: if the tire replacement costs 150€ and the old tire still had 50% profile, the hirer will be charged with 50% of the costs, so in this case with 75€.

 

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

The hirer is also liable for damage and loss of rented accessories (Gopro, helmets, motorcycle clothing, keys) in full amount of the damage caused.

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

 

1. Requirements in the Event of Accident or Any Other Damage

If damage or loss occurs, as well as in the event of damage or accident, the Hirer shall be obliged to notify the Renter immediately by telephone. Towing and/or repair services are to be called in only after obtaining the consent of CANARY RIDE. The police must be notified immediately in the event of an accident. Evidence (witnesses, track marks, etc.) is to be secured, the personal data of those involved recorded and everything must be done that can contribute to correct and complete clarification of the sequence of events. The hirer undertakes not to admit any guilt or to undertake any other actions (payments, comparisons) that could endanger the insurance cover.

1.  Insurance Cover 

The hirer agrees to assume financial responsibility up to the amount of his/her chosen insurance option (basic or limited responsibility) in case of damage to the motorcycle. The deposit made with CANARY RIDE will be used as guarantee of payment. The Hirer is expressly reminded that, despite limited responsibility insurance, he/she is still liable for damage in the following cases:

1. If he/she does not comply with the provisions of the contractual agreement as stipulated in the “Obligations of the Hirer” section.
2. Leaves the site of an accident he/she was involved in
3. Causes damage intentionally, deliberately or through gross negligence
4. Exceeds the agreed rental period, contrary to the terms of the agreement
   
   

10.1 Basic Third Party Insurance
The basic insurance included in the price of the rental is a third party vehicle insurance that includes the following:

1. Third party vehicle insurance only.  In case of damage, accident, fire or theft, the driver of the vehicle is responsible for paying all of the costs incurred from damages or the total loss of the vehicle. 
2. Full coverage third party insurance in case of an accident. Covers third party vehicles, drivers and passengers up to 50.000.000€ per accident.
3. Medical assistance for the driver of the vehicle limited to 6000€, within a period of 365 days after the accident, in Spanish public health centers or those health centers approved by the Insurer.
4. Compensation in the event of driver’s death: 6000€
5. Compensation in the event of permanent disability: Maximum 6000 € (depending on seriousness of injury)
6. The driver is the only one covered by the insurance.
7. These clauses may cease to have validity in the following cases:
   - Vehicle is driven under the effects of alcohol, drugs, narcotics or other psychoactive substances.
   - Vehicle is driven in places not authorized by the rental company, in this case, off-road, forest tracks, any non-paved roads, beaches or on a race track.
   - The Hirer does not comply with any of the obligations stated in Paragraph 6. Obligations of the Hirer.

10.2 Limited Responsibility Insurance

The Limited Responsibility Insurance is optional for purchase at the time of rental, costs 6€ per rental day, it is a full coverage insurance for the vehicle, with excess of €1200/€2000 depending on the model, which includes the following:

1. Full coverage vehicle insurance in case of damage, accident, fire or theft, with a 1200/2000€ deductible. Which means the rider of the vehicle is responsible for paying up to 1200/2000€ of the costs incurred from damages or the total loss of the vehicle. The rest is covered by the insurance.
2. Full coverage third party insurance in case of an accident. Covers third party vehicles, drivers and passengers up to 50.000.000€ per accident.
3. Medical assistance for the driver of the vehicle limited to 600€, within a period of 365 days after the accident, in Spanish public health centers or those health centers approved by the Insurer.
4. Compensation in the event of driver’s death: 6000€
5. Compensation in the event of permanent disability: Maximum 6000 € (depending on seriousness of injury)
6. The driver is the only one covered by the insurance.
7. These clauses may cease to have validity in the following cases:
   1. Driving under the effects of alcohol, drugs, narcotics or other psychoactive substances.
   2. Riding in places not authorized by the rental company, in this case, off-road, forest tracks, any non-paved roads,beaches or on a race track.
   3. The Hirer does not comply with any of the obligations stated in Paragraph 6. Obligations of the Hirer.

11. Return of Motorcycle

The motorcycle shall be returned without any externally visible deficiencies. The Hirer shall return the motorcycle in the same condition at the end of the rental period at the agreed place and time with all vehicle documents, tools and accessories. The Renter shall be entitled to rescind the rental agreement without prior notice if a compelling reason is known that would render continuation of the rental agreement unacceptable. Important reasons include in particular incorrect personal data of the Hirer, information on credit worthiness as well as serious infringement of the provisions of the contractual agreement. In the event of rescission without prior notice the rental motorcycle must be returned immediately, i.e. before the agreed rental period has elapsed. The Renter’s right to claim for damages and compensation shall remain unaffected.

1. The hirer agrees to assume financial responsibility for all traffic infractions incurred on his rental motorcycle for the duration of his rental period. All tickets will be subject to a 25 Euro processing fee by CANARY RIDE.
2. The hirer agrees to the payment of a 25 Euro per motorcycle fee for pickups and dropoffs outside of CANARY RIDE’s normal operating hours (i.e. weekends and/or national and local holidays.) This fee is to be paid directly to the rental agent that accommodates the hirers request to exact business outside of CANARY RIDE’s normal work schedule. CANARY RIDE’s normal work schedule is stated to be Monday- Friday 9am- 5pm.
3. In the event of loss of vehicle documents, the replacement cost of € 100 have to be paid by the hirer. The hirer shall be obliged to pay the cleaning costs if the motorcycle is heavily soiled.
4. The hirer has to return the motorcycle with a fully filled tank. If this is not the case, an additional fee of € 15, – will be charged in addition to the fuel costs.
5.  If the return time is exceeded by more than 30 minutes, the hirer is obliged to pay an additional daily rent per day as compensation

12. Travel Insurance
CANARY RIDE recommends that you take out adequate travel, health and accident insurance as well as trip cancellation insurance.

13. Printing and calculations mistakes
CANARY RIDE reserves the right to correct printing errors or calculations mistakes at any time.

14. CUSTOMERS INFORMATION CLAUSE

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April – General Data Protection Regulation – ONDREJ VYMETALIK, domiciled at C/ RAFAEL ALMEIDA, 16, LOCAL BAJO, 35007-LAS PAMAS DE GRAN CANARIA, informs you that the data you have provided us with will form part of an inventory of the processing of personal data, the responsibility of this entity, with the aim of providing you the rental service, sending you commercial and advertising information about our products and services by any means, including electronic means.

To exercise your rights of access, rectification, opposition, suppression, limitation and portability recognized by current legislation, please contact us at C/ RAFAEL ALMEIDA, 16, LOCAL BAJO, 35007-LAS PAMAS DE GRAN CANARIA, attaching a copy of your National Identity Card or equivalent identification document.