Ducati Madrid general rental conditions
1. OBJECT OF THE CONTRACT. The Renter leases to the Lessee the Motorcycle described in the explanatory part of this contract in accordance with the terms, conditions and rates established in this contract and its Annex; and that the parties undertake to comply in full. The motorcycle is delivered in this act to the Lessee, receiving from the Renter a set of the keys, together with the documentation of the motorcycle and the necessary insurance.
2. OBLIGATIONS OF THE RENTER. The Renter is obliged to deliver the vehicle to the Lessee in good condition (including tires and other wear elements), with all the original parts, the legally required documentation, up to date in the necessary revisions, complying with all safety conditions and with the mandatory insurance to circulate. This is acknowledged by the Lessee after examining it and therefore signs this contract.
3. PRICE AND METHOD OF PAYMENT. The price to be paid by the Lessee will be that stipulated in the statement of the contract in accordance with the "Price List" of the Annex and the invoice that will be delivered after the return of the motorcycle by the Lessee. The prices will be duly charged with the current Value Added Tax. The price will be paid by the Lessee upon formalization of the reservation by acceptable and valid credit card or in cash. The payment of the price will imply the express acceptance of the terms of this contract.
4. SURE. The motorcycle object of this contract is rented with insurance in force at all risks with franchise (as described in clause 5). It will be at the expense of the Renter the payment of the premiums of said insurance that accrue during the term of this contract. The Renter offers by default to the Lessee the option of contracting the standard insurance that entails a franchise of greater amount; or contracting the premium insurance whose excess is lower. The amounts of the excess and premium insurance are described in the Annex.
5. SECURITY DEPOSIT. The Renter will charge, as a security deposit, by credit card or cash, at the time of signing this contract, the amount equivalent to the amount of the excess corresponding to the type of insurance contracted by the Lessee. This amount will be returned upon termination of this contract, once verified the correct condition / operation of the leased motorcycle and that has been returned in the same conditions in which it was delivered. The return of the security deposit can take up to 7 days. This contract serves as proof of the security deposit by the Lessee and retention of any amount by the Landlord if necessary. The security deposit is not subject to payment of Value Added Tax.
6. DURATION AND EXTRA PRICE PER DELIVERY. The duration of the contract is stipulated in the heading of this contract, starting from the day and time of signing this contract, not being possible its extension, unless expressly accepted by SMM and price agreement between the parties. The lease is for full days of 24 hours. Once the contract is finalized, the Lessee will be obliged to return to the Renter, in the offices stipulated in the heading of this contract (listed in the Annex) and within the hours of attention to the public, the motorcycle object of this contract with its key, and its documentation, in the same state of conservation in which it was when it was delivered, with the exception of wear and tear permitted by normal use of tires, brake pads, tow kit and other items considered consumable.
The customer may agree to deliver the motorcycle outside business hours and at another address other than the Lessee's premises, detailed in the statement of the contract, paying the prices stipulated in the Annex to this contract,
7. MILEAGE LIMIT AND EXTRA MILEAGE. The rental of the vehicle is made with a limit of 300 kilometers/day for rentals less than 7 days; 900 total kilometers for weekend rentals; and unlimited in the case of rentals of 7 or more days. At the time of booking, the Lessee may contract "extra mileage" at the limits defined at the rate of the price defined in the Annex. The realization of an extra mileage lower than the contracted one does not give the right to a refund of any amount.
8. REQUIREMENTS OF THE LESSEE TO HIRE. The Lessee must be between 25 and 70 years old and have a motorcycle license with a minimum validity of 2 years, which is accredited by showing his ID (or passport) and driving license whose copies will be scanned and saved by the Renter. The Renter may refuse to lease a vehicle if, in his opinion, the characteristics of the lessee (such as weight, height, etc.) prevent him from using the motorcycle correctly and safely. For these purposes, in those cases in which a reservation has been made for the rental of the vehicle, the Renter may deny or resolve said reservation through the full refund of the amount of the reservation, without penalty or withholding.
The Lessee states that there is no circumstance that negatively affects his ability to drive, his driving license has not been withdrawn in the last year, no sanctioning procedure has been initiated against him, nor has he been sanctioned for reckless driving or for driving under the influence of alcohol or other narcotic substances.
In the case of hiring a second driver, he must meet the same requirements as the main driver and pay the price established by additional driver in the Annex.
9. OBLIGATIONS OF THE LESSEE. The lessee is obliged to:
a) To drive in compliance with the requirements set by RD Leg. 339/1990, and must be at all times able to control the vehicle, adapting driving to the specific circumstances and adopting at all times, the necessary precautions for their safety, that of the people who could transport and that of other road users, without exceeding the maximum speed limits established for each type of road, or driving recklessly.
b) To keep the vehicle, equipment, accessories, and others in good condition, including their protection against adverse weather conditions or possible theft.
c) Not to give in guarantee, pledge, sell, rent, assign, mortgage, lend or even vary or modify any part of the vehicle or the vehicle itself, including documents, keys, tools, equipment, accessories, etc.
d) Not to use the motorcycle as an advertising medium or to affect it with labeling or identification of any kind, nor to remove those that the Renter has placed on the motorcycle, other than those of the Renter, without prior written authorization of the Renter, or to expose it in videos or photographs that may appear publicly on YouTube, RR.SS. or similar without prior authorization of the Renter; as well as, undertakes to use the motorcycle to perform tests or tests of any kind to publish on the Internet.
e) Not to transport people or goods in violation of the legal provisions in force or exceeding by number (weight, quantity or volume) the limits specified by the vehicle manufacturer.
8.6. Not to transport flammable, dangerous, radioactive, toxic or harmful goods.
f) Not to allow another person/s to drive it other than the driver(s) expressly authorized by the Renter, and to respond to the Renter for damages, losses and losses that may be caused as a result of the unauthorized use of the vehicle by third parties other than them.
g) Not to drive in inadequate physical conditions, motivated by consumption of alcohol, drugs, narcotic substances, psychotropic, stimulants or fatigue or illness or any other circumstance that prevents the proper control of the vehicle.
(h) Not to use the vehicle to push or tow other vehicles, trailers or rolling objects or not.
i) Not to participate in competitions or races of any kind.
j) Not to use or perform resistance tests of materials, accessories or products with the rented vehicle.
k) To monitor / lock the vehicle, park in a suitable, adequate and safe place when it is not being used and keep the documentation and keys in a safe place, doing everything possible to avoid damage or theft of the Motorcycle or its accessories.
l) Not to drive in places not suitable for circulation (off-road) or in circumstances unfit for driving/circulation, or that may cause damage to the vehicle.
m) To drive the Vehicle exclusively within Spain or the territory of Europe, with the exception of Russia and all extracontinental territory (i.e. islands, Africa, etc.); and always with knowledge and express acceptance of the Renter.
n) Not to transport the vehicle in any type of boat, train, truck or plane, unless expressly authorized by the Renter, and must be previously notified.
p) To respond for the damages that have been caused to third parties and for the amounts that the Renter has had to pay for this or another concept whose origin is in the conduct of the Renter.
q) To collaborate with the authorities in the terms provided by law.
r) To act in case of breakdown or accident in accordance with the provisions of this contract.
Failure to comply with these conditions entitles the Renter to take charge of the vehicle without prior notice or to require it judicially and proceed to sue the lessee for damages, losses and losses caused.
10. IN THE EVENT OF AN ACCIDENT. The Lessee undertakes to immediately report any accident, accident and damage to the vehicle to the Renter, the relevant authorities and 24-hour roadside assistance (the details of which are indicated in the annex to the contract); as well as, to transmit to the Renter immediately all the information and notifications related to said incident, and to provide the appropriate cooperation to the authorities, the Renter and the insurance company in the investigation and defense of any claim and / or process. The Lessee undertakes to complete an exhaustive part of the accident including all the information related to the circumstances, the vehicles and subjects involved, the damages and other relevant information that concur in it. The Lessee will be responsible for the consequences arising from the breach of the above obligations, in particular, if he recognizes his fault or responsibility in the facts or if, as a result of his action, the insurance contracted ceases to cover the loss.
The Renter will not be liable for charges arising from the use of other assistance companies or insurers not authorized by him. The Renter will be exempt from liability for direct and indirect damages, as well as damages that may arise from accidents that may arise due to the use of the vehicle during the term of this contract, for which the Lessee will be liable in everything that for any reason is not covered by the insurance contracted.
11. VEHICLE MAINTENANCE AND BREAKDOWNS. In the event of any indication of technical failure of the vehicle, the Lessee will contact, during business hours, the Renter who will indicate what to do or the place to which the Vehicle must be transported using the Ducati Road Service whose telephone number is included in the Annex to this contract. In case of not being able to contact the Renter, the Lessee must immobilize the vehicle, avoiding circulation, if it is an engine failure with ignition of a yellow light in the frame of the motorcycle and wait to contact the Renter before continuing. Alternatively, the Lessee may contact the Ducati Roadside Assistance Service on the telephone number listed in the Annex in order to transfer the motorcycle only to an Official Ducati Technical Service.
The fuel costs are borne by the Lessee in full, being also at his own expense any expense derived from the use of an inadequate fuel. The Lessee must check the fluid levels every 1,000 kilometers and replace them if necessary. You will consult with the Renter the type of liquid/oil you should use, as well as how to refill them. The Renter will reimburse the expenses that the Lessee would have advanced for this concept once its payment has been documented. The fact of ducting the motorcycle without adequate levels of engine fluids and oil will be subject to negligence on the part of the Lessee, and in the case of causing damage to the motorcycle, the Renter will be entitled to charge the cost of repair to the Lessee and deduct it from the security deposit paid, as well as require the difference up to the total of the repair to the Lessee. The costs derived from the replacement of liquids will be borne by the Lessee when this is the result of an improper use of the Vehicle.
The Lessee will be obliged, in case of puncture, breakage or damage of the tire to repair or change it at its cost for one of identical measures, quality and original manufacturer, prior express authorization of the Renter.
The Renter will be exempt from liability for direct and indirect damages, as well as damages that may arise from breakdowns arising in the vehicle during the term of this contract. The parties agree that the Renter will not be liable, nor can it be interposed to it, any claim, in case a breakdown or necessary maintenance in the motorcycle affects in any way in the travel plans of the Lessee. The Renter is exempt from the payment of repairs caused by the misuse of the vehicle; or the replacement of tires that have worn out due to mileage not agreed in this contract, or have suffered deformations, or structural damage caused by improper use. The Renter is obliged to repair at its own cost the breakdowns that may arise from the normal and proper use of the vehicle; and to provide tires with sufficient duration to cover the kilometers agreed with the Lessee in this contract, being the responsibility of the Lessee their replacement if necessary to conclude their trip. Such replacement will be advanced and subsequently justified by the Lessee, but the model and workshop must be approved by the Renter.
12. RESERVATIONS AND CANCELLATIONS. Reservations are considered firm from the moment their amount is irrevocably satisfied. The modification of a reservation is subject to the availability of the reserved vehicle on the dates requested. The modification of a reservation will have a cost for management expenses, as set out in the Annex, if requested less than 7 calendar days in advance. The cancellation of a reservation within a period of more than 15 calendar days prior to the date of delivery of the vehicle will entitle the Lessee to a refund of the total amount paid for the reservation. The cancellation of the reservation less than or equal to 15 days before the expected date of delivery of the vehicle will result in the refund of 50% of the amount paid. No cancellations allowed 24 hours or less before rental date.
13. DELIVERY AND RETURN SHEETS OF THE VEHICLE. Upon delivery and return of the motorcycle, Renter and Lessee will jointly examine the state of this and will record on the delivery sheet and receipt sheet the incidents, scratches, and damages in general that can be seen with the naked eye. As an Annex to the aforementioned sheets, photographs and videos of the damage appreciated will be included.
14. DELIVERY AND RETURN OF THE VEHICLE. The motorcycle will be delivered and returned to the facilities of the Renter described in the Annex or at the alternative addresses stipulated in the exhibition of this contract, within the business hours of attention to the public. For the purposes of this contract, the business hours will be those published on the date of the contract on the website of the Renter www.ducatimadrid.com. The vehicle and its documentation will be returned in the same condition in which they have been received from the Renter. The Renter accepts an extra charge for collection or return outside business hours and/or for delivery or return at another address than those stipulated in the contract. These extra charges are detailed in the Annex.
It will be on behalf of the Lessee the gasoline that the motorcycle needs for its use and must be returned with a full tank once the lease is finished. Otherwise, the Renter may use the security deposit to cover the cost of gasoline, at the rate of the prices defined in the Annex and in accordance with the corresponding motorcycle.
15. TERMINATION AND TERMINATION OF THE CONTRACT. The following are causes of termination and termination of this contract: a) The fulfillment of the contract once the term established in this contract has expired. b) For breach by the Lessee of any of the clauses of this contract. The termination of this contract does not prevent the subsequent claim.
16. INFRACTIONS, COMPLAINTS AND FINES. Article 81.2 of Legislative RD 339/1990 of March 2, which approves the articulated text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety (hereinafter RD Le and. 339/1990) establishes that, in case of infringement of the provisions contained in the RD, the Renter is obliged to refer to the investigating body of the sanctioning procedure, a duplicate or copy of this contract with identification of the person of the Lessee as driver of the vehicle. The Lessee will be responsible: a) For the infractions and sanctions imposed by the corresponding authority, having to collaborate with the agents of the authority, identifying the driver of the vehicle at the time of the commission of the infraction and submitting to the tests requested. b) De all charges and expenses derived from fines and judicial processes that result in violations of current regulations by the Lessee or any of the authorized drivers, as well as the applicable surcharges for delays in payments. c) De the expenses that arise in case of immobilization, withdrawal and / or deposit of the Vehicle, responding to the Renter of the damages, losses and losses that are caused as a result. Likewise, in case of immobilization, removal or deposit of the vehicle by the competent authority, the Renter, as the owner of the Vehicle, is entitled to advance all the amounts that are necessary to recover it, without prejudice to the right to subsequently claim said amounts from the Lessee with the application of the surcharge described in the Annex to this contract for costs of recovery of the motorcycle, as well as to claim from the Lessee the corresponding amount for the full days that the recovery of the motorcycle delays according to the amounts included in the Annex to this contract as "Penalty for days of delay".
17. LIABILITY FOR DAMAGES. PENALTIES FOR NON-COMPLIANCE. The Lessee expressly accepts that the breach by him of any of the terms of this contract that causes damages to the Renter grants the right to the latter to claim the amounts owed including, the full value of the motorcycle, as well as the damages caused directly to the motorcycle. The breach of the contract by the Lessee entitles the Renter to unilaterally terminate this contract and take charge of the vehicle without prior notice or to require it judicially and proceed to sue the lessee for damages, losses and losses caused. In this case the Renter will be authorized to retain 100% of the security deposit as a penalty for breach of the obligations of the Lessee.
The Renter will not be responsible for any direct, indirect or harm that may arise from a breakdown in the vehicle or an accident that may occur to the Lessee while using the motorcycle or that occurred during the rental period for any cause attributable to the motorcycle or this contract. The Lessee expressly excludes the Renter from any damages that may arise from this contract.
The Lessee will indemnify the Renter for the damages, losses and losses caused by the non-compliance, by the lessee, of the previous obligations.
The Lessee is liable for damages caused to the vehicle up to a maximum amount equivalent to the security deposit made or up to the total amount of the damage in case of negligent or improper use, as a result of breaching the obligations of the Lessee described in this contract. In case of damage or aesthetic or mechanical damage to the motorcycle, the Renter will assess the cost of the repair and will deduct the amount necessary for the repair of said damages from the security deposit. The amount deducted may never exceed the total of the security deposit made, returning to the Lessee the remaining amount if any, which may take up to 5 business days. The Renter will use this amount for the restitution of the motorcycle to its initial state without prejudice to the possible subsequent claim for damages that could be initiated and without implying any waiver by the Renter of the collection of the total amount for which the Lessee must respond, being able to reach this up to the full purchase amount of the new motorcycle.
In case of delay in the return of the motorcycle by the Lessee for a period exceeding 2 (TWO) hours over the stipulations, the Renter will be entitled to charge the Lessee a penalty equivalent to one full day of rental for "delay in delivery". If the motorcycle is not delivered by the Lessee at the end of the rental period and having exceeded the return period by more than 24 (Twenty-four) hours without having agreed an extension of the duration of the contract between the parties, the Lessee must pay the Renter, as a penalty, for breach of contract, the amount defined in the Annex as "Penalty for days of delay", until the final delivery of the motorcycle to the Renter is made. In this case, the charge of a full day will not apply (which applies in case of exceeding 2 (TWO) hours of the date and time stipulated for the return), but the aforementioned penalty will be applied.
In the case of not contracting extra mileage and exceeding the maximum limit stipulated in the Annex according to the rental term, an extra price per kilometer will be applied as a penalty, which the lessee will pay at the time of returning the vehicle. This extra penalty per kilometers is defined in the Annex.
The Lessee will be responsible for damages, losses and damages suffered by the vehicle and wear and tear that does not correspond to an ordinary use of the same. The costs of repairing such damage and excessive consumption caused to the motorcycle as a result of improper use will be fully borne by the Lessee, even if they exceed the excess charged.
Likewise, the Lessee will be personally liable for the damages caused to the rented motorcycle that have their origin in the driving of this and that for any reason are not covered by the comprehensive insurance subscribed by the Renter up to the total amount of the deposit charged. The Lessee will be liable for all the damages produced in the motorcycle, the driver or third parties, when they occur as a result of driving under the influence of alcohol and / or narcotics or are a reason for imprudence or negligence or serious infraction. In this case the excess paid will not be the limit of damages for which the Lessee responds.
The Lessee is responsible for the motorcycle until it is returned to the Renter, having to pay the direct costs of recovery and transport, the "penalty for recovery of the motorcycle", plus a "penalty for day of delay in delivery" defined in the Annex. failure to use the available support service; and will have to take care of the damages that the transport of the same could cause to the motorcycle in case of not having contracted a transport insurance.
If the repair is to be borne by the Lessee, in accordance with the provisions of this contract, the Renter will deduct the corresponding amount from the security deposit in its possession and will request payment of the difference from the Lessee. In no case is the Lessee authorized to repair the vehicle without the express authorization of the Renter. The Lessee is responsible for the motorcycle until its return to the Renter and will never leave it. In case of abandonment of the motorcycle by the Lessee, he admits that the Renter claims damages, cost of recovery of the vehicle, cost of replacement of the vehicle to new if applicable. Likewise, the Lessee must pay a "penalty for each day of delay in the delivery of the motorcycle, plus the "penalty for recovery expenses of the motorcycle" defined in the Annex.
The contract is terminated once the Lessee proceeds to return to the Renter of the Vehicle, the documentation, accessories, equipment and keys of said vehicle, after verification by the latter, of its condition which will be reflected in the delivery sheet provided for in clause thirteen of this contract. The retention or non-return for any reason of the vehicle by the Lessee, without prior authorization by the Renter, beyond the date and time agreed in this contract will be considered not consented to by the Renter and will entitle the latter to exercise the pertinent legal actions and collect the penalty for delay in delivery detailed in the annex
In case of damage, theft or loss in the vehicle or any other incident that has taken place during the term of the contract, this circumstance must be reflected in the delivery sheet of the vehicle that will be signed by both parties. If the amount of the damages, losses or incidents is less than the franchise contracted by the Lessee, the Renter will retain the amount corresponding to them and will return to the Lessee the rest of the unused deposit. If the amount of the damages, losses or incidents is greater than the excess provided by the Lessee, the latter authorizes the Renter to charge the credit card owned by the Lessee, the total amount of the damages, losses or incidents except those expressly covered by the insurance contracted by the Renter. All this is without prejudice to any criminal or civil actions that may arise.
18. DATA PROTECTION. The Lessee agrees to accept and respect the conditions of the Privacy Policy available on the www.ducatimadrid.com website. The data is collected for the rental of the motorcycle, and provide a better service. The Landlord collects and uses personal information to offer requested services, as well as to send questionnaires and surveys. Personal data is also used to inform about new products and/or services or promotions. The Renter does not sell or make available data of its customers to third parties, except with its partners Ducati Ibérica and Ducati Motor Holding SpA. Landlord stores personal information provided by Renter on servers that are in a secure environment, protected from unauthorized access, use or disclosure. The Lessee may at any time exercise their rights of access, rectification, deletion, opposition, portability and limitation of treatment (or any others recognized by law) by sending a written communication attaching a copy of their ID or official document proving their personality to the following address: C / Pedro Villar, nº 8 - 28020 (Madrid) or email to direccion@ducatimadrid.com.
The Lessee gives his express consent to the processing of his personal data by the Renter, as well as to communicate them to those entities that need to be informed to proceed with the fulfillment and execution of the provisions of this contract and to those commercial companies that belong to the Renter's business group.
19. JURISDICTION AND DOMICILE OF THE PARTIES. The parties agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of this contract related to it, directly or indirectly, will be resolved in the courts of the city of Madrid.
The parties designate as domicile for communications purposes the one indicated in the header of this contract and in the invoice. Any change will require reliable notification for its effectiveness.
Should there be any inconsistence in the translation of this contract from Spanish to English, the text and meaning of the Spanish version shall prevail.
The parties formalize this contract in duplicate and for the same purpose, in the place and date indicated in the heading.
ANNEX
PRICE LIST
The prices set forth in this annex prevail over what is stated in the text of the contract in case of disagreement or difference.
PLACE AND TIME TO RETURN THE VEHICLE
Ducati Madrid. Calle Pedro Villar 8. 28020 Madrid
Working hours:
Mon-Fri from 8:30 to 15:00 and from 16:30 to 20:00
S-D and holidays closed
Ducati Madrid South. Calle Oslo 53, C.C. X-Madrid. 28922 Alcorcón. Madrid (Only if marked for pickup/return in the contract header)
Working hours:
Mon-J from 10:00 to 20:00
V-S from 11:00 to 21:00. Holidays closed
Updated schedules in www.ducatimadrid.com.
CONTACT DETAILS
Ducati Madrid: C/ Pedro Villar 8. 28020 Madrid. Telephones: 914.440.115 / 666. 514. 949
Ducati Travel Assistance: 900.101.576