How it works?
We have a standard deposit of 500EUR per bike – this covers all personal liability.
Each rental is covered by comprehensive (Kasko) insurance for the entire rental period.
Before handing over the bike we collect both deposit and rental fee.
Deposit will be released after returning the bike in the same condition it was received, subject to all terms below.
STANDARD TERMS & CONDITIONS OF MOTORBIKE RENTAL
In effect as of [●] 2020
1. DEFINITIONS AND SCOPE OF AGREEMENT
A) Here and hereinafter the following abbreviations and definitions are used: I) Terms and Conditions – these Standard Terms and Conditions of Motorbike Rental which serve as a basis for renting and using a motorbike; II) Rental Company – the company set out on the cover page of the Agreement; III) Customer – the person referred to on the cover page as the customer who is entitled by the Rental Company to use a motorbike as provided by this Agreement; IV) Agreement – a rental agreement between the Rental Company and the Customer, comprising these Terms and Conditions and the special conditions on the cover page; V) Vehicle – the motorbike indicated on the cover page of the Agreement (or any other motorbike that the Rental Company actually gives to the disposal of the Customer by agreement of the Parties), the right of use of which is held by the Rental Company and which the Rental Company gives to the disposal of the Customer as per the Agreement.
B) These Terms and Conditions provide for the Customer’s rights and obligations upon use of the Vehicle. The Customer is aware that the right of use of the Vehicle is held by the Rental Company and the Customer has no authorisation to delegate any of the rights acquired or obligations assumed upon the entry into the Agreement to any third party (including to transfer the Vehicle). It is only allowed to rent or hand over the Vehicle to any third party by written agreement with the Rental Company made beforehand. The Rental Company allows the Customer to use the Vehicle in accordance with these Terms and Conditions.
C) The Rental Company makes these Terms and Conditions available to the Customer no later than upon entry into the Agreement. By signing the Agreement the Customer acknowledges that they have read these Terms and Conditions and they undertake to comply with them.
D) The Agreement is entered into for the use of one Vehicle during the period of time set out in the Agreement and until the Vehicle has been returned to the direct possession of the Rental Company (hereinafter ‘Rental Period’). The provisions of these Terms and Conditions remain in effect after the return of the Vehicle if so arises from the nature of the relevant provision.
2. ENTITLED USER OF VEHICLE
According to the Agreement, the Vehicle may only be ridden by the Customer or person set out on the cover page. Under any circumstances, the Vehicle may not be ridden by a person (including the Customer):
A) who does not meet the requirements set by the Rental Company or provided by law as to the validity of their driving licence, their age and/or any other possible restrictions;
B) who is under the influence of alcohol, narcotic drugs or other substances that inhibit consciousness and ability to react (‘state of intoxication’) or who suffer from fatigue.
3. HANDOVER AND RETURN OF VEHICLE
A) The Rental Company hands the Vehicle over to the Customer in working order along with any documents necessary for riding. Documents necessary for riding include documents that are required by law for using the Vehicle according to the information provided to the Rental Company by the Customer when making a booking.
B) The Customer is required to return the Vehicle to the Rental Company at the location, on the date and at the time indicated in the Agreement and in the same technical condition and with the same equipment and documents as when the Vehicle was handed over to the Customer.
C) The Customer shall check the condition of the Vehicle upon its handover by the Rental Company and shall confirm by their signature on the cover page of the Agreement that it corresponds to the checklist and/or Agreement. The Customer shall have any discrepancies between the condition indicated and the actual condition of the Vehicle eliminated by the Rental Company before accepting the Vehicle. During the Rental Period the Customer is liable for the prudent use of the Vehicle, vigilant riding, additional equipment and documents necessary for riding.
D) The Customer is required to return the Vehicle to the Rental Company’s office set out in the Agreement during its business hours. During business hours the Customer has the right to demand that the Rental Company check the Vehicle and note any new damage, whereas the Customer must take into account that it takes about one hour for the Rental Company to check the Vehicle. If the Customer waives that right, the Customer will be held liable for the Vehicle until the Rental Company has checked the Vehicle and taken it into its direct possession. If the Customer returns the Vehicle outside business hours, the Customer must comply with the rules for returning vehicles outside business hours applied at that office. If the Customer returns the Vehicle outside business hours, the Customer will be liable for the Vehicle until the direct possession of the Vehicle has been accepted. Direct possession is deemed accepted by the Rental Company once the Rental Company has received the Vehicle documents and keys and it has had a chance to check the Vehicle (no later than at 10:00 on the working day following the day of return).
E) If the Customer has agreed with the Rental Company that the Vehicle will be returned at a location other than an office of the Rental Company, the Customer will remain liable for the Vehicle until the moment the Rental Company has accepted direct possession of the Vehicle (see 3(D), last sentence).
F) If the Customer fails to return the Vehicle at the agreed location of return at the time set out in the Agreement, the Customer shall pay the daily rent provided for in the Agreement for each subsequent 24-hour period of time (additional days of rent are calculated in accordance with 7(C)).
G) If the Customer returns the Vehicle but fails to return the Vehicle documents and/or keys at the agreed location of return, the Customer shall pay the daily rent provided for in the Agreement for each subsequent 24-hour period of time (additional days of rent are calculated in accordance with 7(C)) until the keys and documents have been returned to the agreed location of return.
H) The Customer is required to pay extra for cleaning the Vehicle if the Vehicle needs a more thorough cleaning after being returned than is usually done by the Rental Company. The amount of the extra charge corresponds to the actual cost of cleaning by a service provider of the Rental Company’s choice.
I) If the weather conditions, darkness, location and/or time of return of the Vehicle prevent the Rental Company from discovering any parts missing from the Vehicle and/or damage caused to the Vehicle and/or its parts during the Rental Period or if such discovery is complicated due to the Vehicle being dirty or the location of damage and/or the original location of missing parts, the Rental Company also has the right to claim from the Customer compensation for such damage upon its discovery after the acceptance of the Vehicle. Under this paragraph the Rental Company only has the right to claim compensation for damage discovered no later than within 5 days after the acceptance of the Vehicle, provided the Vehicle has not been hired out to another customer during this time.
4. LIABILITY OF CUSTOMER FOR DAMAGE
A) During the Rental Period, the Customer is fully liable for any damage to and theft or loss of the Vehicle and parts thereof. Parts of the Vehicle are also deemed to include any additional equipment provided with the Vehicle. The Customer is not liable for damage only to the extent compensated to the Rental Company by the relevant insurance company (for example, compensation under motor third party liability insurance) or for damage for which the Customer is not liable according to the limitations of liability chosen by the Customer as indicated on the cover page of the Agreement. Should the Customer breach the Agreement none of the limitations of liability will apply and the Customer must compensate the Rental Company for the entire damage. If the relevant limitation of liability has not been chosen or it does not apply for any other reason, the Customer shall compensate the Rental Company for, inter alia, the costs of repairing and/or replacing the Vehicle or parts thereof, loss of rental income due to repair or replacement of the Vehicle, costs of parking and towing the Vehicle and administration costs related to the above. The Rental Company is at liberty to choose the insurance company and the extent of insurance cover, the repair company, the seller of a replacement vehicle or parts and other service providers.
B) If the Customer has duly complied with all the Terms and Conditions of the Agreement and any possible damage to the Vehicle or parts thereof (except for loss and theft) was not caused by a non-entitled user or through entitled user’s negligence or intent (including due to the consumption of alcoholic, narcotic, toxic, psychotropic or other intoxicating substances), the liability of the Customer is limited if the VIP package was chosen, provided the application of this limitation of liability is set out on the cover page of the Agreement and the Customer has duly complied with all the payment obligations arising from the Agreement (including has paid the VIP package fee for the entire Rental Period in advance):
If the VIP package applies, the deductible imposed on the Customer for any damage to the Vehicle or parts thereof is limited to the amount corresponding to 50% of the pre-damage value of the Vehicle or part thereof. The VIP package is not insurance and it does not release the Customer from the obligation to fully compensate for the entire damage caused by a robbery, theft or attempted theft of the Vehicle.
If the limitations of liability in 4(B) apply, the Customer shall pay the deductible to the Rental Company for each individual case.
C) The Customer is fully liable for any damage caused to the Vehicle by the inability of the person riding the Vehicle to consider the Vehicle’s height or ground clearance. Even the limitations of liability in 4(B) do not release from this liability.
D) The limitations of liability in 4(B) do not cover any engine, gearbox or clutch failures if caused due to inappropriate riding techniques. The cause of such damage will be determined by an expert assessment at the Vehicle dealership in Estonia.
E) Upon each punctured tyre or unnatural wear in connection with use not in compliance with the Terms and Conditions of the Agreement (including so-called rubber burning, etc.) during the Rental Period the Customer is required to pay a contractual penalty as set out in paragraph 16. Even the application of the limitations of liability in 4(B) does not release from this obligation.
F) If any additional equipment supplied with the Vehicle for the Rental Period is lost, the Customer is required to pay a contractual penalty as set out in paragraph 16. Even the application of the limitations of liability in 4(B) does not release from this obligation.
5. USE OF VEHICLE
A) The Vehicle may only be ridden in accordance with paragraph 2 and this paragraph. The Customer is liable for the prudent use of the Vehicle and vigilant riding and the Customer is required to use the Vehicle only for its intended purposes and on roads with appropriate surface. The Rental Company reserves the right to take possession of the Vehicle at any given time at the expense of the Customer if the Customer is in breach of the Terms and Conditions of the Agreement.
B) When leaving the Vehicle the Customer is required to lock the Vehicle and activate the alarm system, if any. The Vehicle must be parked in designated areas. If the Vehicle is equipped with a removable GPS device, this device must be brought along when leaving the Vehicle and stored in a safe place.
C) The Customer is required to use the type of fuel intended for the Vehicle and before each ride check the level of oil and other fluids and top up, if necessary. An accident or a technical failure must be promptly reported to the Rental Company by phone. The Vehicle may be taken to be serviced or repaired only with the Rental Company’s authorisation granted beforehand. It is also prohibited for the Customer to repair the Vehicle themselves.
D) The Vehicle may not be used:
I) for carrying more people than allowed by the registration certificate or technical specifications;
II) for transporting cargo heavier than allowed by the registration certificate or technical specifications;
III) for pushing or towing other vehicles (including trailers) or other objects; IV) for off-road riding or riding on roads that are not paved roads for the purposes of the Traffic Act;
V) for transporting objects not properly fastened;
VI) for transporting objects the smell of which damages the Vehicle or makes it impossible to hire out the Vehicle again right away;
VII) in rallies, testing or races;
VIII) contrary to the Traffic Act and other applicable legislation;
IX) for illegal activities;
X) for sub-renting;
XI) for riding in areas closed for traffic;
XII) for learning to ride (unless according to the special terms and conditions of the Agreement the object of the Agreement is a practice motorbike for the purpose of using it for riding lessons in accordance with the requirements of the Traffic Act);
XIII) for providing taxi services;
XIV) for transporting animals.
E) The Vehicle may only be transported at sea on line ferries that also carry cars. If this term is breached the Customer will be held liable for all damage caused to the Vehicle and none of the limitations of the Customer’s liability agreed upon in the Agreement will apply, including the limitation of liability provided for in 4(B).
F) When entering into the Agreement the Customer is required to inform the Rental Company of their route.
G) The Vehicle may only be used in the territory of the European Union.
6. PAYMENT TERMS
A) The Customer is liable for all financial obligations arising from the Agreement even if the Customer has indicated a third party as the payer. Any additional services used by the Customer (including the limitations of liability set out in 4(B)) and the rent to the extent the third party indicated by the Customer refuses to pay shall be paid for by the Customer.
B) Any and all financial obligations arising from the Agreement, including the rent and use of any additional services, shall be performed by the Customer by no later than the moment of termination of the Agreement. If a financial obligation becomes known after the end of the Rental Period or if the cover page of the Agreement sets out performance of a financial obligation under an invoice, this obligation shall be performed within 14 days as of the date of issue of the invoice as set out on the invoice.
C) Should the Customer fail to perform any financial obligation arising from the Agreement by the due date, the Rental Company has the right to claim a late fee of 0.1% per day of the amount due for each day that payment is late. If payment is late for at least the second time, the Rental Company has the right to claim in addition to the late fee a contractual penalty in an amount corresponding up to 3 days’ rent. Payment of the penalty does not release from the payment of the rent.
D) By signing the Agreement the Customer authorises the Rental Company to charge all amounts corresponding to the financial obligations arising from the Agreement to the Customer’s credit and/or charge card or another means of payment accepted by the Rental Company without the Customer making any additional order. Upon signing the Agreement the Rental Company has the right to pre-authorise a payment on the Customer’s credit card in an amount equal to the amount of the entire estimated rent, applicable additional services, deductible(s), full tank of fuel and service fee for filling up the fuel tank.
A) The rent means a charge for using the Vehicle on the terms and conditions agreed upon when signing the Agreement. The rent includes the Vehicle’s rental price and charges for additional services (including limitations of liability) which the Customer has accepted and which are set out on the cover page of the Agreement. All charges are subject to taxation according to the legislation of the Republic of Estonia. The rent may be paid in full or in part by a third party as per agreements between the Rental Company and this third party.
B) The rent is calculated based on the rental price, with the prices of the services included therein, applicable at the time the Vehicle was booked or the Agreement was concluded and based on the Rental Company’s price list for additional services that is available to the Customer on the Rental Company’s website and in its office. The Customer is required to comply with the conditions of validity of the rental price. The conditions of validity of the price include conditions set for the rental period, the minimum rent duration, discounts and other. Even if a specific motorbike is noted when booking the Vehicle the Customer is not guaranteed the availability of this specific motorbike because the availability at a specific moment in the future may not depend on the Rental Company. The Customer is required to accept any other Vehicle similar to the one noted in the booking and the Customer may also choose any other motorbike available at the office according to the applicable price list.
C) Days of rent are calculated as 24-hour periods from the time the Rental Period starts. Each subsequent day of rent starts on each following day when more than 29 minutes have passed from the time the Rental Period started.
D) Depending on the actual use of the Vehicle by the Customer, expenses that could not have been foreseen at the beginning of the Rental Period may be in addition to the rent. These include expenses related to non-compliance with the conditions of validity of the rental price, expenses related to non-compliance with the date and time and/or location of return set out in the Agreement, expenses of compensation for damage caused to the Vehicle and/or parts thereof, charge for filling up the fuel tank and the related service fee, expenses related to return outside business hours and/or the Rental Company’s office, costs of additional cleaning, costs of traffic fines or parking tickets and related administration costs, expenses arising from a breach of the contractual terms and conditions and other expenses arising from the use of the Vehicle by the Customer but not agreed upon between the Rental Company and the Customer in the Agreement. The Customer is required to pay for all of the above costs and expenses in full.
E) The Customer’s final financial obligations are determined after the return of the Vehicle. If the Customer returns the Vehicle before the agreed date and time or picks up the Vehicle later than agreed upon, it does not reduce the amount of rent.
8. COSTS OF FILLING UP FUEL TANK
A) The Vehicle is given to the Customer with a full tank of gas. If the Vehicle is returned with a tank not filled up, the Customer shall pay for the missing fuel and for filling up according to 16(A)(IX). The missing fuel is calculated on a scale of eights where the minimum missing amount is 1/8 of the fuel tank.
B) If upon the conclusion of the Agreement the Customer has expressed a wish to pay for a tank of gas in advance, the Customer shall pay for it in the amount set out in the Agreement and they may return the Vehicle without filling up the tank. Any fuel left in the tank by the moment the Vehicle is returned will not be compensated to the Customer.
9. LIABILITY FOR PROPERTY
The Rental Company is not liable for any property of the Customer, additional persons riding the Vehicle or passengers or for any items left in the Vehicle during the Rental Period.
10. LIABILITY INSURANCE
A) Motor third party liability insurance (traffic insurance) provided by law is included in the rent.
B) Liability insurance for the Rental Company’s vehicles protects the Rental Company, the Customer and every additional authorised person riding the motorbike according to the law and insurance terms and conditions.
C) The Customer is required to compensate the Rental Company for all damage arising from claims by insurance companies if the use of the Vehicle did not comply with the Terms and Conditions of the Agreement.
11. DAMAGE, ACCIDENTS, THEFT AND VANDALISM
A) The Customer is required to promptly report by phone any traffic accident, emergency, theft of the Vehicle and/or parts thereof, damage thereto and/or any other incident involving the Vehicle to the Rental Company and at the latter’s request to the police.
B) After an incident referred to in 11(A) the Customer may not, without the Rental Company’s consent, accept any possible liability or release anyone from possible liability. The Customer is required to write down the names, phone numbers and addresses of the persons involved in the incident and of any witnesses (it does not suffice to only gather verbal information).
C) In the event of an accident, theft and/or vandalism, the Customer is required to fill out and present to the Rental Company an accident or theft report. The Customer must also present to the Rental Company a signed statement that contains the Customer’s account of events, and a copy of their driving licence. If the required documents are not presented, the Customer will be held liable to the extent of the original acquisition cost of the Vehicle and other damage arising from the accident, theft and/or vandalism (in that case none of the limitations of liability set out in 4(B) will apply).
D) In the event the Vehicle is stolen the Customer is required to hand over to the Rental Company the keys to the Vehicle, its registration certificate and other documents. If the Customer fails to hand over all the required items to the Rental Company or to comply with other requirements set out in paragraph 11, no limitation of liability set out in 4(B) will release the Customer from liability and the Customer will be required to compensate the Rental Company for the original acquisition cost of the Vehicle and all additional rented equipment and accessories as well as other damage arising from the theft of the Vehicle (including loss of income referred to in 4(A)).
E) The Customer is required to cooperate with the Rental Company and its insurance companies in investigating a traffic accident, theft and/or act of vandalism and in resolving any legal issues.
F) Damage to or loss or theft of the Vehicle does not entitle the Customer to request replacement of the Vehicle with another vehicle.
12. LIMITATIONS OF LIABLITY OF RENTAL COMPANY
A) The Rental Company is not liable to the Customer or any third party for any damage or injury arising from renting the Vehicle, except for direct proprietary damage if caused by direct gross negligence or intent on the Rental Company’s part. The Rental Company is not liable for any indirect damage (including loss of income), damage arising from renting, non-proprietary damage or any special damage whatsoever.
B) Nothing in 12(A) excludes or reduces the Rental Company’s liability in the event of death or a person’s injuries if caused by gross negligence or intent on the Rental Company’s part, or any other liability which cannot be reduced or excluded under the law.
13. PARKING TICKETS AND TRAFFIC FINES
A) The Customer is fully liable for all traffic fines and parking tickets issued during the Rental Period and for other breaches of law and their consequences.
B) If the Customer gets a traffic fine or a parking ticket while renting the Vehicle, the Customer shall report this to the Rental Company once the Rental Period ends.
C) If the Rental Company pays for the violations referred to in 13(A) instead of the Customer, the Customer is required to compensate the Rental Company for such expenses and also pay the relevant late fees, obligations arising from the law, other damage and a service fee as provided for in 16(A)(II).
D) At the request of the Customer, the Rental Company shall present to the Customer a copy of the claims subject to payment that the Rental Company has had to pay and that are related to the use of the Vehicle by the Customer.
14. PERSONAL DATA
By signing the Agreement the Customer allows the Rental Company to retain and process their personal data and data arising from the Agreement as needed by the Rental Company, which includes statistical analysis, creditworthiness check and protection of the Rental Company’s assets. If the Customer breaches the Agreement, the Rental Company may publish this data and transfer it to third parties and authorities as needed to eliminate damage caused to the Rental Company by breach of the Agreement and to prevent any future damage.
15. VALIDITY OF TERMS AND CONDITIONS
The Agreement is governed by the law of the Republic of Estonia. Any disputes between the Rental Company and the Customer are settled by agreement of the Parties. If no agreement is reached, the relevant dispute will be settled in court according to the legislation of the Republic of Estonia.
16. CONTRACTUAL PENALTIES AND SERVICE FEES
A) The Customer shall pay the Rental Company:
I) In the event of traffic violations that result in the Vehicle or parts thereof being confiscated by law enforcement agencies – a contractual penalty of €2000.00;
II) If the Rental Company is issued a traffic fine or a parking ticket due to the Customer – a service fee of €25.00 for processing the fine or ticket;
III) If the Vehicle is used or returned in a country not agreed upon when the Agreement was concluded – a contractual penalty of €1000.00 and compensation for, among other things, costs related to bringing the Vehicle back;
IV) If the Vehicle is returned to a parking lot not set out upon the entry into the Agreement – a contractual penalty of €200 and compensation for, among other things, costs related to bringing the Vehicle back;
V) If a key is missing or damaged – a contractual penalty of €400.00;
VI) If a document/documents is/are missing – a contractual penalty of €230.00;
VII) If a tyre punctures – a contractual penalty of €200.00 for each punctured tyre;
VIII) If additional equipment is missing or broken – a contractual penalty of up to €400.00;
IX) In the event as provided for in 8(A) – a service fee of €2.40 per litre of fuel;
X) If the Vehicle is damaged – a service fee of €38.40 for assessment of damage;
XI) If the Vehicle was used off road or on roads that are not paved roads for the purposes of the Traffic Act – a contractual penalty of €400.00.
B) All service fees include VAT.
C) Damage caused to the Vehicle is assessed based on the price list established by the relevant Vehicle dealership in Estonia. Said price list is available in all the Rental Company’s locations.
D) In addition to paying a contractual penalty and/or a service fee the Customer is required to compensate the Rental Company for all damage that exceeds the amount of the contractual penalty and/or service fee.