General Terms and Conditions for Rental Motorcycles

1. Reservation and withdrawal
Reservations are only binding after written confirmation by the lessor and as soon as the lessee has paid the agreed deposit on the rental price or the full rental price.

If the lessee withdraws from the contract before the agreed start of the rental period, the following parts of the agreed rental price are to be paid according to the rental contract.

If cancelled,

• up to 51 days before the start of the rental period, 30%,
• up to 21 days before the start of the rental period 70%,
• less than 14 days before the start of the rental 80%,
• less than 7 days before the start of the rental 90% and
• 100% of the agreed rental price on the day the rental begins.

The compensation is to be set lower or omitted if the renter proves a lower damage or the absence of damage. The compensation is to be set higher if the lessor proves a higher damage.

Upgrade rental motorcycle:
If, through no fault or action on the part of the lessor, the lessee wishes to upgrade to a larger motorcycle on the day of collection of the rental motorcycle or during the entire rental period, and thus also to a higher daily rental rate, this shall be deemed to be a termination of the actual rental contract and shall require a new rental contract under the same booking number. In this case, the full rental price for the actual rental contract must be paid in full plus the difference to the daily rental price for the motorcycle in the higher class.

Downgrade rental motorcycle: 
If, through no fault or action on the part of the lessor, the lessee wishes to change to a smaller or cheaper motorcycle on the day of collection of the rental motorcycle or during the entire rental period, this shall be deemed to be a termination of the actual rental contract and shall require a new rental contract under the same booking number. In this case, the full rental price for the actual rental agreement must be paid in full. In other words, the new rental contract for the smaller and less expensive rental motorcycle will be charged at the conditions of the actual rental contract. The lessee is therefore not entitled to a refund of the difference.

The lessee is entitled to name a replacement lessee. If this fulfills the rental agreement, the proportionate payment is waived.

In general, the lessor does not agree to the automatic conversion into a rental contract for an indefinite period of time if the rental objects are used continuously. Irrespective of this, a usage fee for use beyond the agreed rental period must be paid, which is based on the respective daily rent of the rental object. If the vehicle is returned early before the agreed return date, the full rental price must be paid if the lessor cannot rent out the motorbike to someone else.

By taking out travel cancellation insurance, the renter can protect himself against those costs according to the general conditions of this insurance. However, such an insurance contract is not part of the contract and is only intended as an indication.

2. Rental Rates
The prices of the currently valid rental conditions apply. The rental conditions can be viewed on the MototGS Rental homepage.

3. Payment method
A deposit of at least 30% of the rental price must be deposit upon conclusion of the contract (online or at the business premises). In the event of non-compliance, the lessor is no longer bound to the reservation that may have been promised. The remaining rental price must be paid on the day of collection at the latest. 

The deposit of EUR 2,000 must be deposit at the latest when the vehicle is picked up at the start of the rental period. The deposit amount will be reserved on the lessee’s credit card.

4. Takeover and return
The motorcycle is to be taken over at the rental company's business premises on the agreed date (day and time). Unless otherwise agreed, the motorcycle is available for collection on weekdays between 8:00 am and 6:00 pm and must be returned no later than the collection time on the last day of the rental.

In principle, we reserve the right to provide a model in the same or higher price range that is comparable in its essential features instead of the booked model.

If the vehicle is not picked up at the contractually agreed time, with a waiting time of 2 hours, the rental period will be reduced. The rental period then begins at the time of collection or handover and ends at the agreed end of the rental period (day and time).

When the rented items are handed over, a condition report is created in which all existing damage is noted. The lessee is obliged to immediately notify the lessor of any new damage to the rental property during the rental period.

If the lessor suffers damage due to the vehicle being returned late (e.g., due to claims for damages by the subsequent lessee, etc.), the lessor reserves the right to assert these claims for damages against the lessee.

If the motorcycle is returned in an undamaged condition, apart from the damage indicated in the condition report, the deposit will be returned in full. The vehicle is handed over in a clean condition and with a full tank of fuel. It must be returned with a full tank and roughly cleaned. Unless other contractual agreements have been made.

If the vehicle is returned in an exceptionally dirty condition, the lessee must pay a cleaning fee of EUR 50 including statutory VAT. Both parties reserve the right to prove higher or lower expenses.

The place of return corresponds to the place of delivery. Unless otherwise contractually agreed. If the lessee does not return the motorcycle to the agreed place, the rental company will charge the lessee EUR 1 per kilometre of the distance between the agreed return location and the actual return location. In addition, the lessor will charge the lessee an expense allowance of EUR 20 per hour including statutory VAT for the return of the motorcycle to the agreed location.

If the contractually agreed return is delayed by more than 1 hour, the lessor will charge the lessee EUR 20 per hour including statutory VAT as additional work and loss of use.

If the motorcycle is not returned with a full tank of fuel as contractually agreed, the rental company will arrange for the tank to be refuelled at the renter's expense. For this, the lessor charges the lessee a flat-rate cost of EUR 2 per litre plus an expense allowance of EUR 30, each including the statutory VAT.

If the motorcycle is returned with additional kilometres contrary to the contractually agreed kilometres, the rental company will charge the lessee EUR 0.37 per kilometre including statutory VAT.

Upon request, a delivery and/or collection of the motorcycle is possible within a radius of 150 km. If desired, this option must be displayed at the latest when booking or making a reservation. The renter should provide us with a message in this regard in the "Your message to us" field. We charge EUR 25 including the statutory VAT for each hour started as workload for this service. This all-inclusive price includes all costs, such as e.g., time and labour for 2 people, fuel and a second and necessary vehicle included.

5. Deposit
A deposit of EUR 2,000 must be deposit at the start of the rental period as security for the return of the motorcycle in an undamaged, cleaned and fully fuelled condition in accordance with the contract. The deposit must be deposit free of charge (EC card, Visa, MasterCard or in cash) at the latest when the vehicle is handed over to the lessor. 

The lessee must ensure that they have sufficient credit available on their card (EC, Visa, MasterCard) at the time of booking and collection. 

If the vehicle is returned in good condition and undamaged, apart from the damage listed in the condition report, the deposit will be refunded or released in full. If there is no identifiable reason for partially or fully retaining the security deposit of EUR 2,000, the lessor will release the deposit in the booking system on the day the motorcycle is returned. Depending on the credit card, debit card or bank used by the lessee, the actual release at the bank can take up to 30 days. This depends on the respective bank. This release process is an automatic process and does not require any action by the lessor. The banking process behind the release of the reserved deposit is handled between the provider commissioned by the lessor, in this case Nexi Germany, and the lessee's respective bank. If the lessee wishes to release the security deposit before the expiry of these 30 days, he must request this from the lessor in writing. For the considerable and necessary time required to process the early release of the security deposit with Nexi Germany, the lessor can charge the lessee a processing fee and expense allowance of EUR 30 including statutory VAT.

6. Authorized riders
The age of the rider must be at least 23 years and the rider must have had a motorcycle license for at least three years. The driver's license must contain class 1 or A and must comply with the legal regulations that apply to riding the rented motorcycle.

The motorcycle may only be driven by the renter himself and the riders specified in the rental agreement. 
The lessee is legally equal to the vehicle owner for the duration of the rental period.

7. Duty of care
The renter is obliged to treat the rented item with care and to strictly observe the operating instructions for the motorcycle.
He is also obliged to properly secure the motorcycle against theft.

8. Trips abroad
Trips abroad are possible within Europe. Trips to the following Western and Eastern European countries must be reported to the rental company when renting and before collection and require the prior written consent of the rental company. This includes trips to Albania, Bulgaria, Bosnia and Herzegovina, Estonia, France, Greece, Italy including Sicily, Latvia, Lithuania, North Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary, Ukraine, and Belarus.

Riding through Kosovo is strictly prohibited. IMPORTANT: There is NO insurance cover in Kosovo.
The lessor and lessee agree that if the lessee does ride into or through Kosovo and damage occurs, regardless of the type of damage, the lessee is 100% liable for the damage caused. In other words, the damage caused is not covered by the EUR 2,000 excess in the event of damage and the lessee is fully liable for the difference. This also applies above and beyond the EUR 2,000 excess.

Furthermore, trips to non-European countries, war, crisis and disaster areas are generally prohibited.

After the lessor has given his consent, trips abroad (outside Croatia or Germany) can be charged at EUR 7 per day including VAT. However, this depends on the individual case and is the responsibility of the lessor, who reserves the right to charge.

The lessee undertakes to observe the existing traffic regulations in the respective countries. In particular, he must inform himself in detail about toll fees and entry regulations with a rental motorcycle before starting the trip, for example, and ensure that these costs and billing are ensured.

9. Maintenance, repair, and damage
The costs of the ongoing operation and maintenance of the rental vehicle, e.g. operating materials, are borne by the lessee. The costs for the prescribed maintenance services and necessary wear and tear repairs are borne by the lessor.

Repairs that are necessary to ensure the operational or road safety of the vehicle can be ordered by the renter up to a price of EUR 150 without further ado, larger repairs only with the consent of the lessor. The lessor will bear the repair costs upon presentation of the relevant receipts, provided the renter is not liable for the damage (see section 10).

In the event of a flat tire, caused, for example, by riding in a nail or a piece of glass, the lessee is fully liable. This means that all costs incurred as a result are borne by the lessee and must be paid immediately after the motorcycle is returned.

In the event of a defect on the motorcycle, the manufacturer's service number must be called, and the instructions of the service centre must be followed. If the lessee does not follow these instructions, he will bear the costs himself.

The lessee is aware that the rental motorcycle is equipped with a so-called keyless ride system. This means that there is no ignition lock on the motorcycle. The lessee is explicitly informed of this fact during the motorcycle instruction. Starting the engine and securing the motorcycle against theft is done exclusively using this remote key. This is a very costly system. The lessee is fully liable if the key is lost or stolen during the rental period. Liability also includes all costs for replacing the key and renewing all locks on the motorcycle, such as the case system and the seat.

The lessee is also liable for any loss of the registration certificate for the motorcycle that was given to him in confidence. He is obliged to bear all costs associated with replacing new documents. This is an official document from the German vehicle registration authority.

Furthermore, the lessee is liable for any damage caused by him to any additional equipment he rents, such as a navigation device, motorcycle helmet, camera, etc.

10. Lessee's Liability
The lessee is liable for the timely return of the vehicle in the contractual condition. In the event of accidental damage or theft, the renter is only liable for the agreed deductible. This amounts to EUR 2,000 / claim. The lessee can reduce the deductible by taking out insurance.

Riding offside public roads, i.e. riding on any roads that are not approved for public traffic and therefore do not have road signs, is strictly prohibited. The motorcycle is NOT rented for off-road tours. The tires are not suitable for off-road trips. It is agreed that no insurance cover is available under these circumstances. If the lessee rides the motorcycle offside public roads in violation of this regulation and an accident or damage of any kind occurs to the motorcycle, the lessee is fully liable for the damage caused to the motorcycle and, if applicable, the equipment. In this case, this also exceeds the actual excess of EUR 2,000 up to the amount of the actual damage incurred.

For journeys to the following countries, despite the written consent of the lessor, the excess increases to EUR 3000: Albania, Bulgaria, Bosnia and Herzegovina, Belarus, Estonia, France, Greece, Italy with Sicily, Latvia, Lithuania, North Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary and Ukraine.

However, the lessee is liable without limitation for all damages if and to the extent that the insurer does not pay, in particular, because the lessee (or the driver) caused the damage through intent or gross negligence, or the damage was caused by alcohol or drug-related inability to drive.

If the lessee has fled the scene of an accident or violated his/her obligations according to clause 7 of these conditions, then he/she is also fully liable, unless the violation had no influence on the settlement of the claim.
The lessee is also fully liable for all damage caused by use by an unauthorized rider or for prohibited purposes or by improper handling of the motorcycle.

The lessee is prohibited from using the vehicle to take part in motorsport events and vehicle tests or to transport explosive, highly flammable, toxic, radioactive, or other dangerous substances. Also, to commit customs and other criminal offenses, even if this is only according to the law of the crime scene penalties, for subletting or lending, or for other commercial purposes - except for those that have been expressly agreed.

Flat-rate processing fees for handling fines or tolls. The lessee will expressly permitted to prove that no damage occurred at all or that it was significantly lower than the flat rate. It should be noted that such processing fees are payable in addition to the fine or toll and lessee shall be fully liable for the payment of any such fine or toll. The processing fee for additional work, for example for correspondence, is EUR 30.

The execution of the motorcycle rental agreement requires that MotoGS WorldTours/MotoGS Rental be able to collect all legally and/or contractually owed costs in connection with the rental through the renter's means of payment. Lessee gives express permission if lessee hands over his means of payment before picking up or handing over the vehicle. 

In particular, the lessor is entitled to payment of the contractually owed processing costs in connection with administrative offense and fine proceedings, as well as warnings and all costs incurred in connection with the fulfillment of the rental agreement. All charges paid or to be paid by MotoGS WorldTours/MotoGS Rental in connection with the rental agreement will be charged to the lessee's credit card.

The lessee is only liable for traffic violations actually culpably committed by him.

11. Lessor's Liability
The lessor is liable to the lessee for damages in the event of default in performance or in the event of the impossibility of performance for which he is responsible, limited to three times the agreed daily net rent.

The Lessor is entitled to provide a replacement motorcycle of equal value to the reserved motorcycle at the Lessor's headquarters within 3 days if the vehicle is not available for reasons for which the Lessor is not responsible or during the rental period for reasons that the tenant is not responsible.

The lessor is not liable for indirect damage (e.g., lost vacation time). The lender does not owe any travel services and in particular no travel services as an entire. The statutory provisions on the package travel contract, in particular Section 651 of the German Civil Code, do not apply directly or indirectly to the contractual relationship.

The lessor is not obliged to store items that the lessee leaves behind in the vehicle when the vehicle is returned.

12. Behaviour in the event of accidents
The lessee must notify the police immediately after an accident, fire, theft, wildlife, or other damage. This also applies to self-inflicted accidents without the involvement of third parties. If the renter fails to have the damage recorded by the police, he is fully liable. Opposing claims may not be recognized as a matter of principle.

The lessee must immediately provide the lessor with a detailed written report, including a sketch, even in the case of minor damage. In particular, the accident report must contain the names and addresses of the persons involved and any witnesses, as well as the registration number and insurance data of the vehicles involved.

If the probable amount of damage exceeds the insurance deductible or if the vehicle is no longer roadworthy, the lessor must be informed by telephone.

13. Limitation period, the statute of limitations
The lessee must notify the lessor in writing of any claims due to the rental agreement within one month after the contractually agreed return of the vehicle.

After the deadline, claims can only be asserted if there is no fault for non-compliance with the deadline.

14. Storage of personal data
The lender is entitled to process the data received about the lessee in relation to the business relationship or in connection with it, regardless of whether it originates from himself or from third parties, within the meaning of the Federal Data Protection Act.
This applies in particular in connection with the clarification of any incorrect information provided by the tenant, the delay in returning the vehicle by more than 24 hours, or the clarification of traffic violations or administrative offenses.

15. GPS tracking of the rental item
The renter motorcycle can be equipped with a GPS tracking system. The renter agrees to this procedure.

16. Jurisdiction
The place of jurisdiction for all disputes arising out of or about the rental agreement is the place of business of the lessor, provided that the lessee does not have a general place of jurisdiction in Germany or the contracting party to be held responsible moves their domicile or habitual place of residence outside the scope of the Civil Procedure Code after the conclusion of the contract or the place of residence is not known at the time the action is filed, the tenant is a merchant or an equivalent person in accordance with § 38 Para. 1 ZPO

These general terms and conditions are subject in all respects to the domestic law (with the exception of the provisions on the choice of law) of the Federal Republic of Germany. Any action between the parties to this Agreement may be brought only in the courts of Merseburg in Sachsen-Anhalt-Germany and in no other jurisdiction.

The prevailing party shall be entitled to recover from the unsuccessful party its reasonable fees and costs.

This regulation also applies to bills of exchange and check procedures.

17. Final Provision
All agreements must be in writing. Should individually provisions of these rental conditions be or become invalid, this has no influence on the legal effect of the remaining points.

The invalid provisions must be reinterpreted in such a way that their purpose can be effectively fulfilled.

Mandatory statutory provisions remain unaffected.

 

Processing status July 31st, 2024