GENERAL CONTRACTING CONDITIONS
These conditions will apply at the moment the client (LESSEE), hires the service to MOTOS TRAFACH S.L. (LESSOR) ARTICLE 1. USE OF THE VEHICLE. • The Hirer agrees to use and drive the vehicle in accordance with the basic rules of driving and circulation, and in accordance with the specifications for use of the type of vehicle. • The Tenant agrees not to use the vehicle and / or not to let it be used in the following cases: 1. Paid transport of passengers. 2. Push or tow any vehicle or any other object, rolling or not. 3. Participate in competitions, official or not; as well as perform resistance tests of materials, accessories or products (unless expressly authorized by the Landlord) 4. Driving the vehicle under the influence of alcohol, narcotics or any other type of narcotic substances. 5. Transportation of goods that violate the Law or the current provisions, or for illicit purposes. 6. Transportation of passengers a number higher than the authorized number and indicated in the vehicle registration and / or technical inspection certificate of the Vehicle. 7. Transportation of goods in weight, quantity and / or volume exceeding that authorized in the vehicle's registration certificate and / or technical inspection card. 8. Transport of flammable and / or dangerous goods, as well as harmful toxic and / or radioactive products. 9. Transport of live animals (except for pets and / or pets, with prior authorization from the landlord). • Only the person or persons identified and accepted by the landlord in the rental agreement and / or any annex thereof are authorized to drive the Vehicle, provided that they have reached the age of 21 and are holders and are in possession of the permit. Driving valid and in force. Specifically, the lessee undertakes to show, upon signing the lease contract, his valid and current driver's license or permit, in accordance with Spanish legislation on the matter, and must exchange the driving licenses issued abroad when this is foreseen by current Spanish legislation and exempting the lessor from all liability for the same. The tenant will be obliged to show the aforementioned documentation to the lessor at the request of the latter.
• The lessee undertakes to keep the vehicle closed when it is not used (by using the devices that the lessor gives him for this purpose) and to keep the documents of the same.
• The hirer agrees to have the vehicle properly parked and guarded when not in use.
• It is expressly forbidden for the lessee to assign, rent, mortgage, pledge, sell or in any way give in guarantee:
The vehicle, rental agreement, keys, documentation, equipment, tools and / or accessories of the vehicle and / or any part or piece thereof; or treat the above in a way that causes harm to the landlord.
• It is the obligation of the lessee to stop the vehicle as soon as possible when the instruments or any of the warning lights that detect a malfunction of the vehicle or when they perceive external signs indicating malfunction or failure of the vehicle are illuminated. In this case the lessee should contact the lessor or the roadside assistance company, where appropriate, by the lessor, and only with this one. Only charges paid by another company to such assistance company will be accepted in cases of urgency and when the landlord has expressly authorized it.
• It is forbidden to use the vehicle outside the urban area of the city or on motorway / motorway. Outside this area of the city or on the motorway is not covered by the obligatory civil liability insurance. In the event that this section is breached, the lessee will be solely responsible for the damages that may arise in the vehicle, in the driver himself, in the person of the second passenger or passenger or in third parties or in the lessor.
• It is not allowed to transport the vehicle on board any type of boat, train, truck or plane (unless expressly authorized in writing by the Lessor).
• The damages of any nature that the Landlord may suffer for the breach of the conditions contained in this article and / or for use other than that agreed by the Tenant, authorize the Landlord to remove the vehicle from the Tenant and to invoice and charge the latter , previous written communication to the Renter, duly justified amounts corresponding to the repair or other expenses derived from said damages.
2.1 The Landlord delivers the vehicle to the Tenant in good apparent condition of operation and good exterior condition and cleanliness, and having surpassed the internal controls of the Landlord; and with all the tires in good condition and without punctures.
2.2 As an exception to the provisions of Article 5 of these General Conditions, in case of damage, theft, and / or loss of any of the tires, the Lessee undertakes to replace them immediately, at his expense, with other identical tires. characteristics and same brand and model.
2.3 It is expressly forbidden to the Tenant to vary any technical characteristic of the vehicle, the keys of the vehicle, the equipment of the vehicle, the tools and / or accessories of the vehicle, as well as to effect any modification of its exterior and / or interior appearance (unless express written authorization by the Tenant).
PRICE, DURATION AND EXTENSION OF THE RENT.
3.1 The rental price is that expressed in the rental contract and is established according to the General Tariff Valid (in terms of services, taxes and fees) and the initial price agreed with the Tenant at the time of rental, according to the selected rate.
3.2 The price of the rental carries the costs of compulsory civil liability insurance of the vehicle.
3.3 The duration of the rental will be that agreed in the contract, and will be invoiced based on periods of twenty-four hours, counted from the time it was formalized. There is a courtesy period of 59 minutes, after which an additional day of rent will be invoiced and an additional fine of 50 euros will be charged to the Lessee for each day that passes.
If the Renter does not return the vehicle within the term, the lease contract will be extended without tacit agreement if the Lessor does not object to it, accruing the corresponding amounts of the rental price for each day that passes without the Tenant formalizing the corresponding documents of extension of the contract with the Landlord.
3.4 In the event of an extension agreed by both parties to the contract, or due to the return of the vehicle after the deadline for any reason, the applicable price will be that indicated in the General Tariff Valid.
3.5 In no case the amount deposited or guaranteed paid at the beginning of the rental may serve for an extension of the same. In the event that the Renter wishes to keep the vehicle for a longer period than originally agreed, the latter undertakes to obtain prior express authorization from the Lessor and to pay immediately the amount of the additional deposit for said extension.
3.6 The Lessee agrees to return the vehicle to the Lessor at the scheduled date and time and at the place agreed in the rental agreement. The return of the vehicle in a different place from the one originally agreed upon, after acceptance of the Lessor, implies an additional fine of 50 euros by the Lessee.
3.7 Only the finished service is considered once the vehicle and its keys have been delivered to the Lessor during office hours.
4.1 The Tenant agrees to pay the Landlord:
a) The amount resulting from the application of the General Tariff Schedule and the initial price agreed in the rental contract according to the selected rate, corresponding to duration, insurance, additional equipment and complementary services, according to the stipulated conditions, as well as taxes and the applicable rates.
b) The amount that derives from the provisions of article 5 of these General Conditions and the General Tariff in force (in relation to insurance) in terms of rental prices and in terms of franchise or maximum liability in the event of that any of the insured cases occur.
c) The amount of compensation for the immobilization of the vehicle for any reason, provided that it is the fault of the Landlord, estimated in his case in accordance with the number of days necessary for the repair of the vehicle, depending on the invoice corresponding and calculating one day for every eight hours of work. For the calculation of said amount, the daily rate of contracted occupation will be used as a basis. In the case of theft or loss, the Tenant will only pay the Landlord the amount of one day's rent in addition to the corresponding amount as provided in Article 5 of these General Conditions (in terms of rental prices and in terms of franchise or liability maximum).
d) The amount of the transfer and / or the repair of the damages of the vehicle caused by the use of inadequate fuel, contrary to the provisions of article 8 of the present General Conditions. The calculation of said amount will be made in accordance with section c) above. 5. e) The amount corresponding to the fines or sanctions corresponding to the complaints for any violation of the legislation in force, especially the one related to the Traffic Code and Road Safety Law, in which the Renter may incur as a result of the use of the object vehicle of the rental contract, as well as the corresponding surcharges for the delay in the payment by the Tenant and the judicial or extrajudicial expenses in which the Landlord could have incurred as a consequence of the foregoing. 6. f) The amount of 50 euros in the event that an employee of MOTOS TRAFACH S.L. must move to a municipal warehouse to recover the vehicle that was removed due to the responsibility of the Renter. 7. g) The amount that, for any circumstance, could derive from the circumstance of having caused the Lessee damages to third parties or to the Lessor himself and even if he is insured. In the event that he was already insured, when the Landlord receives the amount of the prejudice or damage from the insurer, he will return it to the Renter, which would have charged him for that concept. 4.2 The payment of the amounts outlined in section 4.1 above must be made with a credit card or in cash. In the latter case, it will be in currency accepted by the Landlord, and according to the market change at the time of invoicing, plus an additional charge for management of 3% in cases in which the payment is made in foreign currency. 4.3 In the event that the Lessee fails to make the referred payments within 24 hours after they are accrued, the Lessor may deduct them from the deposit or deposit and claim them by judicial or extrajudicial means without further processing.
MAINTENANCE AND REPAIRS.
7.1 The Lessee undertakes to meet the vehicle at the Lessor's premises every 2500 kilometers traveled for a vehicle inspection. Failure to comply with this rule will result in an additional fine of 100 euros payable by the Lessee.
7.2 Mechanical wear due to normal use of the vehicle is borne by the Lessor. In the event that the vehicle is immobilized by mechanical failure, the Lessee must contact the Landlord or the Road Assistance Company agreed by the Landlord, and only with it. Only charges for the account of the said assistance company will be accepted in cases of urgency and when the Landlord has expressly authorized them.
7.3 The Tenant must check periodically, and replace if necessary the levels of motor fluids every 1000 kilometers traveled.
7.4 In case of replacement of liquids, the Tenant must present the corresponding invoice, the amount of which will be deducted from the final rental price.
7.5 The Renter is not authorized to order the repair of the vehicle, unless expressly authorized by the Lessor. In this case, the Tenant must submit a detailed invoice of the reparation carried out.
7.6 In the event that the rental is for a duration of more than one month, the Renter must place the vehicle with the Landlord every 30 calendar days for routine review at the Landlord's premises.
8.1 The fuel consumed by the vehicle during the rental period is due to the amount of the Renter.
8.2 The Lessee must refuel the vehicle with the type of fuel suitable for it. In the opposite case, the Tenant will be responsible for the expenses caused by the transfer and / or repair of the damages that could have been produced in the vehicle due to the use of an inadequate fuel.
8.3 The Lessee agrees to return the vehicle with the same fuel level that was delivered at the beginning of the rental. Otherwise, you will be billed for the missing one plus an additional charge for refueling service; the amount of said additional charge is that established in the General Tariff Valid.
DEPOSIT / DEPOSIT.
The Tenant must make available to the Landlord a deposit as a deposit to cover any prejudice that the Landlord may suffer derived from this contract. Said amount will only be returned to the Renter when the lessor finds that there is no concept to deduct from it for other reasons under the provisions of these General Conditions.
Guarantees established according to model:
0 to 400cc = 300-400 Eur.
401 to 800cc = 600 Eur
801 to 1600cc = 900 Eur
ADDITIONAL ADDITIONAL CHARGES.
The additional amounts that the lessor must charge under the provisions of these General Conditions may be charged directly from the deposit and in the event that these exceed the amount of the deposit, the excess may be charged by the lessor directly in the account. the credit card consigned by the Tenant without the need for the latter to sign again. The Lessee authorizes such operation by signing this contract.
MANAGEMENT OF FINES / INFRACTIONS IN TRAFFIC.
The Renter responsible for the traffic infractions and the corresponding fines. In the case of infringement or fine, the customer will be charged 30 euros for administrative procedures.
12.1 If the Renter cancels his reservation more than 7 days in advance, the Landlord will refund the amount paid, discounting the 10% for administration expenses.
12.2 If the Renter cancels his reservation less than 7 days before, he will receive a voucher from the Landlord for the amount paid for one year.
12.3 If the cancellation of the reservation occurs without notice, the Lessor will not make any refund.
MODIFICATIONS OF THE RENTAL AGREEMENT.
These General Conditions, as well as the remaining clauses of the rental contract, may only be modified by written agreement by both parties.
INFORMATICO TREATMENT OF PERSONAL DATA.
APPLICABLE LEGISLATION AND JURISDICTION.
15.1 This contract shall be governed and interpreted in accordance with the laws of the country in which they were signed.
15.2 The issues arising from this contract between the Landlord and the Tenant are within the jurisdiction of the Spanish courts and tribunals corresponding to the city where the contract was signed, to which both parties submit.
ANNEX QUANTIFICATION OF DAMAGES.
The damages caused in the leased vehicles will be budgeted by our official technical service, calculating the labor time and the spare parts necessary to leave the motorcycle in the same state in which it was delivered to the tenant. Said spare parts will be calculated according to the official rate in force of the manufacturer and the amount of labor will be that established at that moment by the concessionaire.
Through this contract, the Lessee agrees to pay the amounts of this list for each damage produced in the indicated cases.
Payment by credit / debit card
By selecting this method, the purchase process will link to the page of our bank (Servired), in this way, the data is not retained by Trafach-rent.com but is sent directly through a secure protocol (HTTPS) to the banking entity that operates with Trafach-rent.com "la Caixa". Thus, we offer you maximum security and confidence.
The charge on your card will be made at the precise moment you validate the payment.
For security reasons, Trafach-rent.com reserves the right to refuse any transaction made with a credit card. In this case we will proceed to refund the cash in the original card. If the client after our clarifications is interested in continuing with the purchase of the items, we will request a bank transfer.
After the payment, we will notify you of the result of the same and in case of satisfactory, we will send you an e-mail with the details and the order confirmation.
Payment via Paypal
Trafach-rent.com also allows you to use PayPal's quick purchase service. Access is available on the right side of the Purchase Summary, whether you already have a PayPal account created or if you want to register at the same time of payment. If you are already a PayPal user, you will finalize the purchase after the identity validation, without having to complete billing and shipping forms. After pressing the PayPal button, the validation or acceptance of the payment is made in the secure and encrypted PayPal computer system, Trafach-Rent.com not being responsible for its correct operation. For any questions you can check in: Motos Trafach S.L. (972 40 60 67) from Monday to Friday from 9 a.m. to 1 p.m. and from 4 p.m. to 8 p.m. Saturdays, from 10 a.m. to 1:30 a.m.
The lessee is obliged to leave the corresponding deposit for each model:
0 to 400cc = 400EUR
401 to 800cc = 600EUR
801 to 1600cc = 900 EUR
This deposit will be used in the event of an accident to cover the all-risk insurance franchise that all motorcycles offer for trafach-rent.com