These Terms and Conditions are intended to regulate the contract established between Motoxplorers, Ltd (Motoxplorers) and the person who rents the motorcycle (Client). The conditions are general and Motoxplorers reserve the right to any changes and specific agreements (to be established in writing)

 

Motoxplorers Ltd has a rental license, nr: 129/2010 registered in the Institute for Mobility and Transport and is also registered in the Tourism of Portugal with licenses RNAVT 3631 / RNAAT 224/2011, Portuguese government agencies that certify vehicle rentals and tourist activities

 

1. PURPOSE OF THE CONTRACT

 

The purpose of the contract is the temporary use of a Motoxplorers motorcycle by the Client. Motoxplorers declares that to the best of their knowledge the rented motorcycle is in a safe condition, free from faults or defects affecting its safe operation under normal use.

 

2. MINIMUM RENTAL PERIOD

 

The minimum rental period is one day (24 hours) during weekdays (Monday to Friday), 2 days during the weekends (Saturday and Sunday), and three days when a public holiday is joined to a weekend. Any fraction of a day is considered a day.

Use of the Motorcycle outside of the European Economic Community is not permitted. For use beyond the territories of Portugal and Spain the following minimum rentals apply:

• Minimum rental of 15 days to the territories of France

• Minimum rental of 20 days to the territories of Italy, Germany, Netherlands, Belgium, Luxembourg, Liechtenstein, Switzerland and Austria

• Minimum rental of 30 days for the remaining territories of the European Economic Community.

 

3. CLIENT AGE AND MINIMUM EXPERIENCE

 

The Client must be over 25 years old and have at least one year of driving experience on a motorcycle with the size and power similar to the one they wish to rent.

 

4. PRICES

 

The rental prices are calculated and submitted to the Client when booking the rental. As a rule, these prices include unlimited kilometers for more than 13 days rentals, civil liability insurance, and collision insurance for damages higher than the value of the compulsory excess deposit, the use of a luggage solution, the use of a jet or convertible type helmet and all applicable tax rates.

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5. LIMITED MILEAGE

 

In the case of 1-13 day rentals, there is a mileage limit of 300 km/day. Every kilometer above this 300-km limit will be charged at a rate of 0.39 Euros per kilometer. Rentals 14 days or longer have unlimited kilometers included in the rental price.

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6. RESERVATIONS AND PAYMENT TERMS

 

At the time of the reservation, the Client will pay 50% of the total cost of the rental, to ensure availability of the motorcycle. The remaining 50% will be paid at the start of the rental period.

 

7. AVAILABILITY OF THE MOTORCYCLE

 

Motoxplorers will make all effort possible to endure the availability of the reserved motorcycle during the rented period. If for unforeseen circumstances Motoxplorers is unable to provide the Client the reserved motorcycle model, the equivalent available model can replace the one that is booked. If this model has a rental value less than the model initially reserved by the Client, Motoxplorers shall refund the difference of the value of the replacement motorcycle. If the rental value of the replacement motorcycle is higher than the motorcycle initially reserved by the Client, this difference shall not be supported by the Client.

 

8. CANCELLATION

 

If you cancel your reservation more than one month in advance of the start date of the rental period, Motoxplorers shall reimburse half of the amount already paid. This cancellation must be made in writing. Cancellations done with less than 30 days shall not be refunded. If the cancellation is partial, that is if the Client wants to cancel only a few days of the rental period, the same cancellation policy applies to the days canceled.

 

9. RESCHEDULING

 

You may reschedule your rental up to 30 days before the start date, subject to availability of the motorcycle on new dates and upon payment of a rescheduling fee. The rate is 15% of the total value of the initial rental and a minimum of 75 Euros.

 

10. DELIVERY AND RETURN

 

Delivery and return of motorcycles are done at Motoxplorers head office in Rua Francisco Lyon de Castro 14C, 1600-311 Lisbon, during the following times: Monday to Friday from 9:30 am to 7 pm.

• Delivery or return of the motorcycle during Saturdays, Sundays and holidays have a service tax of 25 euros per motorcycle and must be scheduled.  Delays on the weekends scheduled time will have a surcharge of 10 euros per hour.

• Delivery or return of the motorcycle in a different place has a service surcharge calculated depending on the distance of the location referred to the head office of Motoxplorers.

 

11. RENTAL TERM

 

The rental ends on the day, time and place set forth in the particular terms of the contract. If the Client wants to extend the rental period, they should contact Motoxplorers at least 24 hours in advance. Motoxplorers may or may not authorise an extension. If Motoxplorers does not authorise the extension, and the Client does not return the motorcycle on the day, time and place established, the disappearance of the motorcycle will be reported to the authorities and punished by Criminal Law.

 

12. MOTOXPLORERS LIABILITY

 

MotoXplorers must deliver the motorcycle in correct and safe technical conditions for circulation. You must also receive the documents of the vehicle, accessories, and tools chosen. MotoXplorers should check and accept existing damage that is defined in writing on the damage form as part of the handover procedure. If even without the Client's fault, repair work is necessary during the rental period to ensure the operation or proper functioning of the motorcycle, you must receive consent from MotoXplorers prior to any repair. Other claims are excluded, regardless of any legal reason, unless loss or damage to the Client is attributed to serious or intentional negligence by MotoXplorers.

 

13. CLIENT LIABILITY

 

The Client is liable for ensuring that they are legally entitled to drive a motorcycle. A valid license must be presented by the Client. This license must be valid in countries where the Client will drive the motorcycle. The Client is responsible for all fines and penalties and legal fees for traffic irregularities or other breaches of law during the rental period of the motorcycle. Motoxplorers will charge the Client an administrative fee of 25€, for processing of any penalty or fine and, has the responsibility to inform the authorities of the identity and other information regarding the Client, in the condition of the driver of the vehicle.

• It is the Client responsibility to ensure that the rented motorcycle:

a)  Shall be used according to the manufacturer's recommendations

b) Shall be used in full respect of the Road Codes of the countries in which it is driven

c)  Shall not be used negligently

d)  Shall not carry more passengers than its approved capacity allows

e)  Shall not be used for racing or competition

f)   Shall not be used for illegal purposes

g)  Shall not carry more weight than it is allowed.

h)  Shall not be used by anyone else except by Clients stated in the rental contract

i)   Shall not be used if its mechanical condition is deemed unsafe

j)   Shall not be used after the consumption of drugs or alcohol or other narcotic substances.

l)   Shall not be used when the Client's physical conditions are weakened by fatigue or illness.

 

Failure to comply with any of the preceding paragraphs involves the immediate cancellation of insurance and Client accountability on the total value of the motorcycle and accessories as new.

 

14. COMPULSORY EXCESS DEPOSIT OR DEDUCTIBLES

 

Each motorcycle model has a specific compulsory excess deposit that must be left at the beginning of the rental, through a credit card authorisation on the Client Visa or MasterCard. The compulsory excess deposit is the value that the Client is liable to pay for damages or total loss of the vehicle. The rest is covered by insurance. At the end of the rental contract, compensation for any damage to the motorcycle will be deducted from the compulsory excess deposit and the remaining returned to the Client.

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If an accident is to be reported to the insurance company, the entire compulsory excess deposit will be charged to the Client until the resolution of the case. After the insurance inspection and determination of responsibility, the Client will be refunded the remaining compulsory excess in the event of damages lower than the total amount.

 

15. INSURANCE

 

Rental prices include compulsory civil liability insurance and insurance for damages by fall or collision for damages that have values superior to the deposit valid in Portugal and Spain. If the Client wishes to leave this territory written notice must be given to Motoxplorers, who will have to ensure the required compulsory insurance. The Client is responsible for taking the repair and replacement costs up to the value of the chosen coverage option (Basic or VIP)

In any case, the Insurance conditions are canceled, the Client is liable for all the damage to the rented motorcycle if:

 

- The Client leaves the scene of an accident in which he has been involved.

- The Client does not immediately report to the authorities and MotoXplorers theft or disappearance of the motorcycle or accessories

- The rented motorcycle was intentionally damaged by The Client or someone for whom you are responsible

- The motorcycle is involved in an accident and the Client fails to notify Motoxplorers at the earliest possible time.

- The motorcycle is piloted under the influence of alcohol, drugs, narcotics or other narcotic substances

- The motorcycle is piloted in areas not authorised by MotoXplorers as unpaved roads and racing circuits.

- If the Client does not comply with the requirements stipulated in paragraph 12 of these Terms relating to the Client's responsibility.

 

15 a) BASIC INSURANCE

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The basic insurance is included in the value of the rental, this insurance covers all risks, which

include the following:

Full coverage against all risks in the event of damage, accident, fire or theft, with the amount deductible of

1500€ on the hire of BMW F750GS & F850GS

2250€ on the hire of a motorcycle model BMW 1250GS

2500€ on the hire of a motorcycle model BMW 1250GS Adventure

 

This means that the Client is responsible for paying up to a maximum of these values ​​for damage, theft or total loss of the vehicle. The rest is covered by insurance.

 

15 b) VIP INSURANCE

 

The VIP insurance is optional and, available for rentals of over 6 days (except for Morocco Tours), with a daily cost of 25€, which includes the same coverage of insurance against all risks but that decreases in the deposit to the following values:

 

Full coverage against all risks in the event of damage, accident, fire or theft, with the value of the deposit:

 

400€ on a lease of BMW F750GS & F850GS

500€ on a lease of a motorbike model BMW 1250GS

600€ on a lease of a motorbike model BMW 1250GS Adventure

 

This means that the Client is responsible for paying up to a maximum of these values for damage, theft or total loss of the vehicle. The rest is covered by insurance 

 

16. ADDITIONAL COSTS

 

• Rentals 14 days or longer have unlimited kilometers included in the rental price. In the case of 1-13 day rentals, there is a mileage limit of 300 km/day. Every kilometer above this 300-km limit will be charged at a rate of 0.39 euros per kilometer.

• Delivery or return of the motorcycle during Saturdays, Sundays and holidays have a service tax of 25 euros per motorcycle and must be scheduled.  Delays on the weekends scheduled time will have a surcharge of 10 euros per hour.

• Optional accessories such as GPS, helmets and motorcycle equipment are not covered by insurance, the cost to repair or replace due to damage, loss or theft will be supported directly by the Client.

• An administrative fee of 25€ shall be added to all notifications of fines, penalties, and infractions of the Clients, which are received by MotoXplorers.

 

17. CONSUMABLES

 

The motorcycle is rented by Motoxplorers with a full fuel tank and must be returned in the same way. The return of the motorcycle without the full fuel tank involves the payment of a fee of 45€.

The motorcycle will be delivered by Motoxplorers with tires, brake pads and the general maintenance plan run by the network of authorised dealers BMW Motorrad ready for normal use in perfect conditions. In the case of rental periods longer than 15 days, the Client is responsible for checking the oil level and brake pads and notifying MotoXplorers in case of excessive wear.

 

18. MECHANICAL FAILURE

 

In the case of mechanical failure, you must contact Motoxplorers stating your location accurately and with detailed information about the failure. If repair is necessary and possible, you must obtain Motoxplorers consent before making such repair. If repair is not possible, Motoxplorers will seek to replace the damaged motorcycle at the earliest possible opportunity. Motoxplorers shall refund the value of the corresponding rental to the period when the motorcycle was immobilised due to the possible failure. If for any reason the replacement is not possible, Motoxplorers shall reimburse you for the rental days not enjoyed. Motoxplorers is not responsible for lost time due to accidents or mechanical failures that could delay or stop the Client holiday or travel plans. On mechanical failures caused by falls, accidents or negligent use, the motorcycle replacement and reimbursement for having an immobilised motorcycle are excluded.

 

19. PROCEDURE IN CASE OF INJURY OR ACCIDENT

 

In case of accident or injury, the Client is required to immediately notify MotoXplorers by phone. Towing services and/or repair should only be called when agreed with MotoXplorers. Police and emergency services must be notified immediately in the event of an accident. Evidence must be ensured and fulfilling an insurance statement together with each of the other drivers involved. Note their names, addresses, phone numbers, driving license numbers and issuing authorities, brands, models and colors registrations of vehicles, details of insurance (insurance company and policy number). Also, the contacts of any eyewitnesses should be collected, breaking marks, and all the information that contributes to the correct and complete understanding of the sequence of events.

 

20. TERRITORY

 

Civil liability insurance and shock or collision insurance are valid in Portugal and Spain. Driving in other European countries may be permitted by Motoxplorers in writing. For some countries, this may involve periods of the minimum rental or a surcharge to be supported by the Client.

If the Client intends to drive the rented motorcycle in other countries, they should inform beforehand Motoxplorers at the time of the reservation. If Motoxplorers become aware of unauthorised exit out of the authorised territory, the contract conditions are violated, resulting in immediate cancellation of insurance and Client accountability for all damage and theft that may occur outside the territory authorised by MotoXplorers, to the total value of the motorcycle and accessories as new.

MotoXplorers rental motorcycles are not allowed to travel outside of the Economic European Union (e.g. Morocco), unless when taking part on a Motoxplorers Guided Tour.

 

21. TOLLS

 

MotoXplorers motorcycle fleet is all equipped with an electronic identifier which allows the use of the Via Verde lane on the Portuguese motorways without stopping. The value of the toll is registered electronically and debited from MotoXplorers account until 72 hours after the passage.

Use of this system is included in the rental and provides a 30% discount on tolls.

At the end of the rental contract, the Client will be charged by MotoXplorers the value of tolls on the motorcycle that was used during the rental period. These values will not include tolls from the last 72 hours; those shall be communicated to the Client for later payment

 

22. KEYS

Motoxplorers shall provide the corresponding keys to the motorcycle and luggage. The duplicate will not be provided. The Client is responsible for the security of the keys during the rental period and must return all keys at the end of the rental. MotoXplorers is not responsible for damage arising from loss, theft or damaged keys that may cause the premature interruption or end of the rental period contracted. The loss of a key incurs on a fee of replacement keys of 300 €.

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23. DOCUMENTATION

 

Motoxplorers shall provide all documents necessary for the circulation of the vehicle, in particular, copy of the rental contract, registration, proof of ownership and proof of insurance. The client is responsible for these documents during the rental period and should return all documents at the end of this period. The loss of any of these documents incurs in a replacement rate of 100 € per document.

 

24. TRACKING

 

For security reasons, Motoxplorers can install tracking devices on the motorcycles. Any attempt to disassemble or damage these devices will be reported to the authorities and punished by Criminal Law.

 

25. INTERNATIONAL AGENCIES

 

MotoXplorers reserves the right to report non-compliance of these terms, to regulatory agencies belonging to the Client’s country of origin, including Serasa, SPC, Tax Authority and mediator agencies of European Union.

 

26. COMPETENT COURT

 

Both the Client and Motoxplorers agree that all disputes arising from this contract shall be resolved exclusively in the District Court of Lisbon in Portugal.