Motorcycle rental - Terms and conditions
SCOOTER AND MOTORBIKE RENTAL
Welcome to SCOOTER AND MOTORBIKE RENTAL a Website, hereinafter referred to as "MotoRent" or "Website" or "Service" that offers hat offers a Motorcycles rental services, through the Website www.motoridemedellin.com. You and all persons using MotoRent, whether or not registered, will be referred to herein as User.
The User using and enjoying MotoRent must know and accept the following Terms and Conditions of Use and Privacy Policies (hereinafter referred to as the "TERMS"). Ruben Cañadas Morales is the owner of MotoRent and is committed to protect the information of the User according to the laws, legal provisions and other rules that regulate the protection of data, the privacy or handling information and other norms that are in accordance with the public order.
The Terms and Conditions of Use are the following:
- Acceptance of Terms and Conditions
If the User does not accept any of the Terms and Conditions, the User should not connect or access MotoRent Website in any way.
The User has the responsibility to comply with all laws, regulations, or any other obligations related to the service. MotoRent recommends the User to carefully review the Terms and Conditions prior to make any activity on the Website.
The person who logs in, connects, accesses or uses the MotoRent Website, recognizes that the conditions constitute a binding and enforceable legal agreement between MotoRent and the User.
- Services and Functioning of MotoRent
MotoRent is an Website that offers a MOTORCYCLES (hereinafter Moto(s)) rental services.
The User once rent the Moto became also the Driver.
- Registration of Users authorized to access MotoRent
By registering on MotoRent the User affirms that he / she is of legal age (over 18[a]) and accepts these Terms and Conditions. If the User is not of legal age, he must not use the Website, nor provide MotoRent any personal data. MotoRent reserves the right to request an age test at any time in order to verify that minors are not using MotoRent. In the event that MotoRent is aware that a minor is using the Website, MotoRent may prohibit and block the use and access of such User and will quickly eliminate any personal information in relation to the minor age User. MotoRent reserves the right to perform the verification of data provided in the registration process and to grant access to the Website.
- Profile Settings
By registering for the Website, the User can modify his/her profile at any time by entering to: ----- and adding or modifying the registration information such as first name, last name, cell phone and active e-mail. It also allows the User to change the password, which must be handled with confidentiality at all times.[b]
When registering for the Website, the User must provide only true and accurate information, otherwise MotoRent can not guarantee a good services.
- Users Responsibilities
The responsibilities of the Users imposed by the laws and regulations, are the following:
- Maintaining the profile information confidential.
- Being over age and providing any documentation required by MotoRent.
- Providing accurate data when completing the registration process.
Obligations and duties of MOTO RENT:
- Offer the Drivers only the Motos that are exclusively owned by MotoRent.
- Offer only the amount of Motos availables.
- All Motos must comply with all the legal and model requirements established in these terms, and must guarantee the necessary preventive and corrective maintenance in order to guarantee the safety of every person, for which it must have the techno mechanics and emissions certificates duly and have the annual SOAT insurance in force. The techno-mechanical certificate and the obligatory transit insurance (SOAT) must be valid at the date of registration and for the rental period;
- Deliver to the Driver the Moto in perfect conditions for optimal operation, including oil, brake fluid, lights, etc.
- Offer only Motos that has two (2) sets of keys that allow you to open it before any eventuality that requires it;
- Include only true, accurate, complete and updated information in the advertisement.
Obligations and duties of THE DRIVER:
- If the Driver is not over 21 years old[c], he/she must not use the Website, nor provide MotoRent with any of his/her personal data.
- Refrain from taking advantage of professional or commercial services that are acquired through the Platform, restricting the use exclusively to domestic or personal benefit.
- Be the holder of a valid driving license (A2), in force and according to the type of Moto he/she will use, and a valid and in force passport or id card.
- Refrain from committing infractions, crimes or any other violation of traffic regulations, the law and current good customs through the use of the Moto.
- Do not sublet at any time and under any modality the Service.
- Use the Moto according to legal requirements and under normal mechanical standards, guaranteeing in all cases its integrity and the safety of every person.
- The Driver must notify to MotoRent any traffic ticket (if known), traffic accident, or any incident related to the Motor in the same day of happening.
- Deliver the Moto in the same state and integrity.
- Accept the present terms and conditions of the Service.
- Restrictions on Use. Drivers shall not:
- Permit the Moto to be driven by any person who is not an authorized driver; no more than 2 people will ever ride a motorbike under any circumstances;
- operate the Moto or permit it to be operated in violation of law, including but not limited to driving under the influence of alcohol or drugs, or in breach of rules and regulations of road traffic;
- operate the Moto or permit it to be operated to commit a violation of law;
- operate the Moto or permit it to be operated for any race, test, or contest;
- operate the Moto or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Moto or to carry hazardous or explosive substances of any kind;
- drive or permit the Moto to be driven or parked on roadways not regularly maintained, or on any roads, beach, driveway, or surface likely to cause damage to the Moto;
- operate the Moto or allow it to be operated to push or tow any other vehicle;
- transport any animal in the Moto;
- Subtract accessories from the Moto;
- Cause any damage to the Moto or to third parties, or property;
- Carry out repairs on the Moto without MotoRent consent.
- Violate the Moto's reservation schedules;
- Carry out paid transport of passengers or objects;
- Security Policy
MotoRent will take the necessary measures to safeguard the security or protection of the data and the secret password of the User. In case of changes in the information registered in the Website, or in case of any irregularity or simply as a protection of the identity of the User, MotoRent may contact the User by telephone or email, in order to corroborate the changes and try to avoid possible Frauds.
The personal data that are voluntarily delivered to the Website can only be processed by MotoRent for automatic filling of the documents and for the operation of the Website; such information will not be delivered to third parties.
The User may revoke the authorization to use his or her personal data in accordance with the Data Protection Law or rules that regulate this theme. For this the User can contact MotoRent through a customer service e-mail.
- Prices informed in the Website
The prices published in the Website or in the Website are the valid and current prices and include taxes.
Any changes to the information published in the Website, including services, prices of the conditions, promotions and offers, will be published and will have effect on future operations, without affecting, in any case, the rights acquired by the User or services previously agreed.
- How to buy MotoRent
To make a purchase of the Service available in the Website, the User must follow the steps:
STEP 1. BOOKING:
1. Date and location:
- Choose the pickup location, date and time
- Choose the return location date and time
(You can use google maps to find the exact location)
2. Search for car:
- Select the Moto and the add on options
(The prices of the Motos will discriminate the taxes and additional expenses).
3. Driver Details
- Enter your first and last name, email address and phone number
- You can also write any comments
- Enter the exact Pick up/drop off address
- Fill the billing details
- Valid the Payment method
- And you must Agree to the terms and conditions to continue with the rent.
4. Booking summary
STEP 2. DELIVERY:
MotoRent will deliver the motorbikes on the date and time booked.
STEP 3. RIDE
You have the keys now. All you need to do is to start your journey.
- Additional Fees
- Drivers can enjoy extra services (gps, video camera,etc.) at an extra price paid in advance.
- MotoRent provide a waterproof poncho as well with the Moto, If the customer opens its package, a fee of $10.000 will have to be paid in cash upon return of the bike.
- MotoRent does not have mileage limits.
A deposit is required to rent the Moto (the amount varies according to the motorbikes’ market value), deposit will be charged in Cash or via Paypal.
This security deposit is 100% refundable upon returning the Moto without any damage or any traffic violations infractures.
MotoRent holds the deposit for 5 b[d]usiness days after the moto is brought back and return it on the 6th business day. This allows MotoRent time to inspect the bike for any damages and allows time for any traffic violations infractures to be received.
- Rent Contract
MotoRent will sign physically a rent agreement with the driver, in the moment of the delivery of the Moto, the contract must have the information of the Moto reserved by the driver and total amount of the rent.
- Rental Period
The Moto can be rented from 24 hours to 1 week.
The time of delivery, inspection and return of the Moto, is not understood included within the rental period. However, this time may not exceed the 20 minutes established for this, otherwise it will proceed with the charge of a full hour.[e]
If the Driver is delayed in the return of the Moto without agreement or communication to MotoRent, he/she will automatically be charged the extra hours used.
If the driver returns the Moto before the contracted hours there will be no place to return the hours already paid and agreed.
MotoRent will deliver the Motos to the Driver’s accommodation in Medellin which has to be specified in the booking form, they will be collected at the same place at the end of the rental term.
MotoRent at the time of delivery will verify:
- Id of the driver that will have to be the same as the person who registered on the website and made the reservation
- the valid driving license
- will request the agreed deposit
Any inconsistency with the physical data and recorded on the Website will give the possibility to MotoRent to cancel the reservation and the contract and not proceed with the
delivery of the Moto.
Motorbike will be inspected by both the Driver and MotoRent at the moment of signing the contract. Any damages should be written in the contract and recorded in Pictures by MotoRent.
The driver must verify if the Moto is in good condition, with its documentation, with all its accessories and with sufficient fuel. If the Driver does not make repairs at the time of receiving the Moto, it will be understood that he received the Moto in perfect conditions, so that any damage, defect or lack of fuel that occurs will be attributable to the latter. In effect, during the reserved period and until its restitution, the Driver is responsible for the custody of the Moto, its documents and all its accessories.
- While using the moto
The Moto shall not be serviced or repaired and parts and accessories shall not be replaced without MotoRent’s prior consent. Drivers shall alert MotoRent to any damage to the Moto. Drivers shall be responsible for any loss or damage to the Moto and loss of use, diminution of the Moto's value caused by damage to it or repair to it and missing equipment. Drivers shall alert MotoRent any accident or incident as soon as practicable.
Any traffic tickets acquired during the rental term will be assumed by the Driver
In the case of the Moto being towed, clamped, taken to the compound or others making the Moto unprofitable for a certain period of time, the Driver will have to pay for the costs of the recovery of the Moto plus the amount of money equal to the rent of the motorbike during the days that it has been out of service.
If a Driver decide to extend the rental period, he/she will need to contact MotoRent to program the extension. MotoRent cannot guarantee that extensions will be always possible.
Driver shall return the Moto on the date specified in the reservation and contact, in the same condition as he/she received it, except for normal wear and tear. Driver shall return the Moto to the agreed return location. If Moto is not returned on said date, MotoRent reserves the right to take any action necessary to regain possession of the Moto.
In case of presenting representative dirt (such as remains of mud on rugs, sand, stains of food or drinks or dirt presented by the passage through an unpaved road), the Driver must first clean it and deliver it in acceptable conditions.
Likewise, it is the obligation of the Driver to notify MotoRent in a reasonable time of the breach of the obligation to deliver the Moto. Late returns will be charged $15.000 COP per hour (any period longer than 15 minutes will be considered an hour).
18.1. State of the Moto: Fuel
- When starting the rental of the Moto, MotoRent and the Driver must verify and record in the contract the Moto inventory and the established Guides, as well as the fuel level.
- At the end of the rental, the driver must return the Moto with at least the same amount of fuel as at the beginning of the rental period. In case of returning the Moto with the highest fuel level, this additional amount will not be paid, returned or deducted from the reserve.
- The driver must always return the Moto with the fuel tank level stipulated at the beginning of the rental, if not, MotoRent will charge the driver for each gallon of missing fuel between $ --- COP and $ --[f] COP depending on the range of the Moto.
- Cancellation of the rent
MotoRent only accept changes in the dates and/or times of the booking at least 72 hours before the rental start date agreed.
All rentals include the Mandatory Insurance called SOAT, which includes Basic Medical Coverage for Driver, pillion and any 3rd party involved in an accident.
Drivers are responsible for all loss or damage causes in the Vehicle to third-parties.
- Means of Payment for the Website
The User will pay the services rent in cash but will have the option to pay the deposit through a payment gateway called Paypal, for which he will also be subject to the Terms and Conditions of the same, which can be found in the following link: www.paypal.com
All aspects related to the use of the means of payment, such as their date of issue, expiration, quota, blockages, etc., will be subject to the agreement between the User and the financial or banking issuer.
Payment is understood to have been made to the Independent provider, and payments include applicable taxes as required by law. Payments are final and will not be refundable unless MotoRent deems it different.
MotoRent may at its discretion and criteria increase, decrease or modify the rates for the services obtained. Modifiable charges will also apply for the following transactions at the time of modification and may vary depending on the high demand for the service. MotoRent will make the greatest effort to inform the User the applicable rate before using the service.
21.1. Default Interest
If the User do not pay the bill at the end of the billing cycle, undertakes to pay MotoRent default interest at the maximum rate legally permitted by law per month, without prejudice to compensation for damages that may arise.
- Restriction of Use
The Users cannot, directly or through any third person, execute the following activities:
- Use the Website for illicit, illegal or unauthorized purposes.
- Use the Website in any form for spam activities or similar conduct.
- Allow access to unauthorized Users and minors. The User assumes all responsibility for the unauthorized User or minor that access MotoRent on their behalf.
- Interfere with or disrupt the operation of MotoRent or of the servers or networks that host MotoRent, or disobey laws, regulations, requirements, procedures, policies or regulations of such servers or networks.
- Publish or otherwise make available through MotoRent any content, text or information that is abusive, threatening, obscene, or offensive in any manner.
- Provide false information on MotoRent, either directly or indirectly.
- Misrepresent the User´s affiliation with any person or entity, or publishing false or inaccurate information in MotoRent.
- Transmit, distribute, display or make available through or in connection with MotoRent any content, including content generated by the User, which may infringe third party rights, including intellectual property rights and privacy rights, or it can contain any illegal content.
- Make screenshots, linking, hot linking, link, indexing or redirecting to unauthorized Third Party Sites.
- Take any action that imposes or may impose, at the discretion of MotoRent, an unreasonable or disproportionately large content load on the infrastructure of the Website.
- Violating security measures in order to prevent or restrict access to MotoRent.
- Copy, modify, alter, adapt, make available, translate, or disassemble any part of MotoRent.
- Create a browser frame (framing), or graphical User interface (GUI) about MotoRent without permission.
- Affecting the security of MotoRent Website by sending personal information and contact information (such as emails, phone numbers, etc.) to other Users in order not to do illicit activities.
- Perform any activities that is contrary to public policy and strict compliance rules that govern this type of Internet activities.
In case of any violation to the provisions of the Terms and Conditions, MotoRent can cancel the User's account and may initiate legal action.
As a condition for using MotoRent, the User agrees and warrants that:
- Will not infringe or violate the Terms and Conditions of MotoRent.
- Has the legal capacity to enter into these Terms and Conditions and form a binding agreement under any applicable law.
- Commit to use MotoRent in accordance with the Terms and Conditions, and fully comply with its obligations.
- In the exercise of the Terms and Conditions, the User will not violate any other agreement to which the User is bound by provision of any law, rule, regulation, order or judgement.
- MotoRent, its officers, directors, employees, agents and contractors are independent and have no employment relationship or some sort of labor relationship with any User or the account.
Users are prohibited from participating in activities, publishing content or registering or using a Username that has the following characteristics or includes material with these characteristics:
- Offensive, abusive, defamatory, pornographic, threatening or obscene.
- Illegal, aimed at promoting or committing an unlawful act of any kind, including infringement of intellectual property rights, privacy rights or property rights of MotoRent or a third party.
- Include the User´s password or intentionally include the password of another user or the personal data of third parties, or it is intended to request such personal data.
- Includes malicious content, such as malware, trojans or viruses, or otherwise prevents a user from accessing the Service.
- It is intended to harass or intimidate other users.
- Usurps or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, misleading or inaccurate.
- Use automated means to promote fictitious content.
- Involves the transmission of unwanted bulk mail or other forms of mass mail (spam), junk mail, chain messages or similar items, even through the MotoRent inbox
- Includes commercial or sales activities, such as advertising, deceptive advertising, contests, sweepstakes or pyramid schemes, which are not expressly authorized by MotoRent.
- Includes links to references or otherwise promote commercial services or products, unless expressly authorized by MotoRent.
- Interfere with MotoRent or in any way harms, manipulates, infringes or attempts to investigate, exploit or examine vulnerabilities in the Service or in systems or networks, in the rules of use or in any security component, MotoRent authentication measure or any other security measure corresponding to the Service, the Content or a part thereof.
The User understands and agrees that posting such User Content may result in the termination or immediate suspension of his account at MotoRent. You also agree that MotoRent may also retrieve your user name for any reason.
- License to Use MotoRent Website
The Content in the Website are owned by MotoRent or MotoRent licensors. The User acquire a limited, non-exclusive, non-transferable, revocable license to use MotoRent service, and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Content (the "License"). This License will remain valid until the User or MotoRent cancels it.
- Trademark and Copyright
MotoRent, in compliance with the provisions of Intellectual Property and Copyright provides:
- Users can upload their own materials subject to the laws and regulations concerning intellectual property. This material will be subject to the rules and regulations related with Copyright (hereinafter "Content generated by the User").
- The User understands and agrees that is the owner and responsible for the content loaded in the Website. Also, it assumes all consequences holding MotoRent harmless of any legal liability (even after the User´s account is canceled regardless of the reason) from any third party claims.
- The User states that he is the author and owner of the uploaded content on the Website, or has all necessary licenses, rights, consents and permissions from their rightful owners, which are required to publish and ensure they do not infringe the copyright of third parties or other rights.
- The User agrees not to upload any content that is illegal or if at the time of publication was legal has been subsequently declared illegal.
- Period of effect and termination
MotoRent may terminate the Terms or suspend access to the MotoRent service to the User at any time, either due to inappropriate or illegal use of the Website.
- Termination for breach, suspension and other measures
MotoRent may immediately terminate these Terms without notice if (i) The User has seriously breached, (ii) The User has provided inaccurate, fraudulent, non-updated or incomplete information during User's account registration and during use (Iii) The User has violated applicable laws or regulations, or the rights of third parties, or (iv) MotoRent believes in good faith that such action is reasonably necessary to protect the security or property of other Users of MotoRent or to prevent fraudulent activities, to evaluate risks or to conduct investigations.
- MotoRent Trademark
The brand, logo, advertising, slogan and all other related identifiers are owned by MotoRent, whether is or not registered. Other trademarks, service brands, trade names and logos appearing on MotoRent trademarks belong to their respective owners ("Third Party Brands"). No right, license or interest on brands of MotoRent or third-party trademarks is granted hereunder. The User agrees that there is no right; license or interest with respect to brands of MotoRent or third-party trademarks and therefore the User will avoid using any of these brands without authorization. MotoRent´s brands and Third Parties’ brands are governed by the rules and regulation of intellectual property and other laws.
- Links to Third Party Sites
- Viability and Functionality
The viability and functionality of MotoRent depends on various factors, such as communication networks, software, hardware, service providers and contractors. MotoRent does not guarantee that the Website will work at all times without interruption, or is immune from unauthorized access or error free. MotoRent will do everything possible at all times to ensure that the provision and operation of the Website is in good condition and that the User can access without any problem.
- Guaranty and Liability
IN THE EVENT OF MISLEADING REPRESENTATION OR CONDUCT OF THE USER, MOTORENT MAY DECIDE TO CANCEL THE USER'S REGISTRATION WITHOUT HAVING TO EXPLAIN THE MAIN REASONS. NO ACTION OF MOTORENT MAY BE INTERPRETED AS AN ACCEPTANCE OF ANY LIABILITY.
- Limitation of liability
Drivers shall indemnify, defend and hold harmless MotoRent from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of the Moto by any cause, except to the extent caused by MotorRent’s gross negligence or willful misconduct. In no event shall MotoRent be responsible for any indirect, special or consequential loss or damages arising from Renter’s use of the Moto, including but not limited to loss profits and loss revenue, even if informed of such damages.
IN NO EVENT SHALL MOTORENT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF THE MOTO, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USE OF THE WEBSITE AND THE PURCHASE OF ANY SERVICE IS EXCLUSIVE RESPONSIBILITY OF THE USER TO THEIR OWN RISK.
MOTORENT IS NOT LIABLE FOR DAMAGES ARISING FROM ANY EVENT RELATED WITH THE USE OR INABILITY TO USE THE WEBSITE AND SERVICES WHETHER MOTORENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT WHERE IS MANDATORY LIABLE, IN WHICH EVENT LIABILITY FOR DAMAGES IS LIMITED TO THE PURCHASE PRICE OF THE SERVICE.
STATUTORY PROVISIONS APPLY TO CLAIMS DUE TO DEFECTIVE SERVICES. THE USER´S CONSUMER RIGHTS REMAIN UNAFFECTED IN ANY CASE.
MOTORENT SERVICES OFFER A SET OF ROUTINES IN ORDER THAT THE USER GETS HEALTHY AND ACCOMPLISH ITS FITNESS GOALS. DESPITE WE PROVIDE THE METHODS TO ACHIEVE YOUR GOALS, WE DO NOT GUARANTEE OR PROMISE A CONCRETE SUCCESS. THE TRAINING RESULTS' WILL DEPEND ON FACTORS THAT WE DON’T HANDLE SUCH AS PHYSICAL DISPOSITION AND PRECONDITIONS, THE USER´S DISCIPLINE AND WILLPOWER.
- Changes in Terms and Conditions
These Terms, and the User´s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the User without MotoRent prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MotoRent may freely assign these Terms.
- These Terms and Conditions shall not be taken as a relationship, partnership, joint venture, employee-employer relationship, agency or franchisor-franchisee relationship between MotoRent and the User or third parties related.
- Any claim relating to MotoRent or the User shall be governed by the laws, decisions, documents and treaties between international laws related to intellectual property, data protection and other related services on the internet materials.
- If any provision in these Terms and Conditions is unlawful, void, or unenforceable, that provision shall be deemed severable from this document and will not affect the validity and enforceability of the remaining provisions.
- These terms are the current Terms and Conditions and supersede any previous verbal or written agreement between the User and MotoRent.
- Concerns or Questions
This Agreement does not grant or imply rights or actions to persons other than Users.
The contracting party:
Ruben Cañadas Morales
Cellphone: +57 3053210632
Address: calle 61 #75-[g]153 apt 908, Medellin