Conditions and Regulations of the Rental.


ARTICLE 1. VEHICLE USE


1.1 THE LESSEE undertakes to use and drive the motorcycle in accordance
with basic driving and traffic rules, and according to the usage specifications
of the type of Vehicle.
1.2 THE LESSEE undertakes to use the motorcycle for private use, without
commercial or mercantile purposes. It may not be transferred or lent to third
parties. Likewise, the LESSEE undertakes to:
a) Not transport people or goods, when this directly or indirectly implies
subletting of the Vehicle.
b) Not allow the Vehicle to be driven by other people.
c) Not drive the Vehicle under impaired physical conditions caused by fatigue,
illness, or the effects of alcohol or drugs.
d) Not use the vehicle to tow or push other vehicles or trailers.
e) Not participate with the vehicle in any type of sports tests, races, training of
any modality, official or not, nor in accessory material or product endurance
tests for motorcycles or mopeds.
f) Not perform any type of intervention, modification, manipulation, repair, or
replacement of any part or accessory of the Vehicle, without the express and
prior approval of the Lessor; noncompliance by the Lessee will result in
paying the costs of restoring the Vehicle to its original condition and paying a
sum as compensation for immobilization of the Vehicle.
g) Not circulate outside the established circulation area, which is limited to the
island of Tenerife.
h) Not transport in the Vehicle any type of flammable, hazardous, radioactive,
toxic, or harmful goods.
i) Not transport goods exceeding the weight, quantity, or volume authorized in
the circulation permit or technical sheet of the Vehicle.
j) Not travel off-road, nor on unpaved roads or roads unsuitable for circulation
that may cause damage or any type of defect to the Vehicle.
k) Not enter port or airport premises.
l) Park the Vehicle in suitable, adequate, and safe places when not in use,
always using the security locks provided by the Lessor and keeping the
documentation inside at all times.
m) Monitor oil, hydraulic fluid, coolant levels, and tire pressure according to
the Lessor’s indications.
n) Stop the vehicle as soon as possible when any warning light indicating
vehicle malfunction is illuminated, and contact the Lessor as soon as possible
using the contact details provided in the header.
1.3 Only the person or persons identified and accepted by the LESSOR
company in the rental contract and/or any annex thereto are authorized to
drive the motorcycle, provided they hold a valid and current driving license for
operating the leased vehicle.
1.4 The LESSEE is expressly prohibited from transferring, mortgaging,
pledging, selling, or in any way giving as collateral: the motorcycle, the rental
contract, the keys, the documentation, the equipment, the tools, and/or
accessories of the vehicle and/or any part or piece thereof, or treating the
above in a way that causes harm to the LESSOR company.
1.5 Transporting the Vehicle on board any type of ship, train, truck, or airplane
is not allowed (except with express written authorization from the LESSOR).


ARTICLE 2. DELIVERY


2.1 The rented motorcycle must be picked up and returned by the LESSOR at
the LESSEE’s domicile, within the days and hours previously indicated and in
any case respecting the public opening hours of the premises, established by
the LESSOR. The service is only considered completed once the Vehicle and
its keys have been delivered to the LESSOR company.
2.2 Prior to delivery of the motorcycle, the LESSEE must provide:
ID card or Passport and Driving License.
Deposit of €300, which will be returned or unlocked upon return of the
vehicle.
Joint signature of prior acknowledgment of the rented vehicle.
At the time of returning the motorcycle, fuel differences and cleanliness
conditions will be reviewed by the LESSOR and deducted from the deposit
made by the LESSEE. If the LESSEE has caused material damage to the
Rented Vehicle, these must be assessed by the LESSOR and paid by the
LESSEE. In case of discrepancies regarding the damage assessment, an
independent expert will be appointed. Their fees will be borne equally by the
signatories.


ARTICLE 3. VEHICLE CONDITION


3.1 THE LESSEE acknowledges having received the motorcycle in perfect
working and cleanliness condition, including tires and without material
damage, except those expressly recorded in the Prior Vehicle
Acknowledgment document signed before vehicle reception. For these
purposes, acknowledgment and consent made through telematic means,
such as sending photos or videos via WhatsApp, proving the motorcycle’s
condition at the time of delivery, will also be considered valid.
3.2 THE LESSEE is expressly prohibited from changing any technical
characteristic of the motorcycle, the keys, equipment, tools, and/or
accessories, as well as making any modification to its exterior and/or interior
appearance. In case of violation of this article, the LESSEE must cover the
duly justified costs of restoring the motorcycle to its original condition and
pay an amount as compensation for motorcycle immobilization.
3.3 THE LESSEE relieves the LESSOR company of all responsibility for losses
or damages to objects left or transported in the motorcycle by the LESSEE or
by any other person, whether during the contract term or after vehicle return.


ARTICLE 4. PAYMENTS


4.1 THE LESSEE undertakes to pay the LESSOR company:
a) The amount stipulated in the rental contract.
b) The amount of damages and/or theft suffered wholly or partially by the
motorcycle. The LESSEE’s maximum liability will be the total value of the
motorcycle, as well as damages or losses arising from its use, without
prejudice to other responsibilities that may correspond according to this
contract and applicable regulations.
For the assessment of damages to the motorcycle, the provisions in article
4.2 of this contract will apply. Nevertheless, it is agreed to assess the
following concepts:
Documentation and/or keys: loss, theft: €150
Refueling service: €5 + cost of refueled fuel
All amounts indicated will include the corresponding Value Added Tax or
replacement tax.
c) The amount corresponding to fines for any violation of applicable law,
especially the Traffic Code and Transport regulations, in which the LESSEE
may incur, as well as charges for late payment by the LESSEE and judicial or
extrajudicial costs incurred by the LESSOR company as a consequence, as
well as the amount of days the LESSOR cannot freely use the vehicle due to
seizure, breakdown, or damage caused during rental, imputable to the
LESSEE. All of the above except for those for which the LESSOR is
responsible as owner and titleholder of the motorcycle.
4.3 Payment of the amounts in section 4.1 must be made by credit card, debit
card, or cash. If paid in cash, the LESSOR reserves the right to request one or
more credit cards as guarantee. If payment is made by credit card, the
LESSEE’s signature on acceptance of the general terms and conditions of the
rental contract constitutes authorization for the LESSOR to charge the final
total amount to the LESSEE’s account at the card issuer.


ARTICLE 5. PRICE, DEPOSIT, AND EXTENSION


5.1 Upon collecting the motorcycle, the deposit of €300 must be paid, or it
will be blocked, which will be released upon returning the motorcycle in the
agreed condition.
5.2 If, after the rental period ends, the LESSEE has not returned the vehicle,
the LESSOR will charge the next rental day according to the contracted rate,
successively until the motorcycle is returned.
5.3 If the LESSEE drives with an expired contract and without LESSOR
authorization, the vehicle insurance coverage will automatically be
suspended. The LESSOR may claim vehicle return by any legal means
deemed appropriate.


ARTICLE 6. INSURANCE


6.1 The Rental Vehicle has insurance contracted through EUROLLOYD and
the insurer GENERALI with the following coverage:
- Mandatory Civil Liability
- Voluntary Civil Liability
- Legal defense
- Damage claims
- Driver health assistance up to €10,000
- Roadside assistance
All definitions, coverages, limits, and exclusions are reflected in the policy’s
general and particular conditions, which the LESSEE accepts by signing this
document.


ARTICLE 7. ACCIDENTS


7.1 THE LESSEE undertakes to inform the LESSOR within 24 hours of any
accident and immediately forward all letters, summonses, or notifications
related to the accident, fully cooperating with the LESSOR and the insurance
company in the investigation and defense of any claim or proceeding.
7.2 At the time of the accident, the LESSEE will properly complete the
accident report (provided with all documentation), and deliver a signed copy
by the involved drivers to the LESSOR’s domicile within 24h, calling by phone
if circumstances so advise.
7.3 In case of breakdown or accident, the LESSOR assumes no responsibility
for direct or indirect damages that may occur to the LESSEE.


ARTICLE 8. MAINTENANCE AND REPAIRS


8.1 Mechanical wear due to normal use is assumed by the LESSOR. The
LESSOR covers vehicle maintenance for correct operation: tires, fluid levels,
engine lubricants, etc.
8.2 THE LESSEE is not authorized to order repairs on the motorcycle without
express LESSOR authorization.


ARTICLE 9. FUEL


9.1 It is especially important to note to only refuel with unleaded gasoline.
Refueling with Diesel causes serious vehicle damage, which will be the
LESSEE’s responsibility, with the deposit blocked until repair billing. In
addition, if refueling with fuel other than unleaded gasoline, the LESSEE must
pay three (3) additional rental days as lost profit incurred by the LESSOR, with
a minimum of €200.
9.2 Fuel consumed during the rental period is the LESSEE’s responsibility.
9.3 The LESSEE undertakes to return the motorcycle with the same fuel level
as at delivery; otherwise, the missing fuel plus a refueling service fee will be
charged; the amount is established in Article 4.1.b.


ARTICLE 10. CONTRACT VALIDITY


10.1 Any modification of clauses and conditions must be expressly in writing,
otherwise null and void.
ARTICLE 11. DATA PROTECTION
11.1 For purposes of applicable personal data protection and information
society and e-commerce law, Anaga Partners, S.L. informs that your Personal
Data, both provided to formalize this contract and collected during the rental
service, will be incorporated into various mixed files named CLIENTS,
registered in the Data Protection Agency, with Anaga Partners, S.L. as the File
Controller. You may exercise rights of access, rectification, cancellation, and
opposition free of charge in accordance with arts.15,16,17 of LOPD by writing
to the above address or email: [email protected].
For commercial communications via email or equivalent, you give express
consent for sending advertising through such means. Consent may be
revoked at any time by writing to [email protected].
11.2 If you violate any applicable regulation, Anaga Partners, S.L. is entitled to
identify you before competent authorities, public or private, so that said
entities can claim any liability arising from your actions.


ARTICLE 12. APPLICABLE JURISDICTION


12.1 THE LESSEE, regardless of nationality, declares having read and
understood all conditions of this contract, and to resolve any disagreement
regarding its interpretation or execution, both parties expressly waive their
own jurisdiction and submit to the Courts of Justice of the LESSOR’s
domicile.