Terms and Conditions

GENERAL CONTRACTUAL CONDITIONS

These conditions will apply at the time the client (LESSEE) contracts the service from MOTOS TRAFACH S.L. (LESSOR)

 

ARTICLE 1.

USE OF THE VEHICLE.

 

  • The Lessee agrees to use and drive the vehicle in accordance with basic driving and traffic regulations, and in accordance with the specifications for use of the type of vehicle.

 

  • The Lessee agrees not to use the vehicle and/or not to allow it to be used in the following cases:

 

  1. Paid passenger transport.

  2. To push or tow any vehicle or any other object, rolling or not.

  3. To participate in competitions, official or not; thus Driving the vehicle under the influence of alcohol, narcotics, or any other type of controlled substance. Transporting goods that violate the Law or current regulations, or for illicit purposes. Transporting a number of passengers exceeding that authorized and indicated in the vehicle registration certificate and/or technical inspection certificate. Transporting goods in weight, quantity, and/or volume exceeding that authorized in the vehicle registration certificate and/or inspection certificate. Vehicle Technology.

  4. Transport of flammable and/or dangerous goods, as well such as toxic, harmful and/or radioactive products.

  5. Transport of live animals (except for companion animals and/or pets, with prior authorization from the lessor).

 

  • Only the person or persons identified and accepted by the lessor in the rental agreement and/or any annex thereof are authorized to drive the Vehicle, provided that they are at least 21 years old and hold a valid and current driver's license.

 

Specifically, the lessee agrees and undertakes to show the signature of the contract of The lessee shall possess a valid and current driving permit or license, in accordance with Spanish legislation on the matter, and shall exchange driving permits issued abroad when so provided by current Spanish legislation, and shall release the lessor from all liability for the same. obliged to show the aforementioned documentation to the lessor upon request.

 

  • The lessee agrees to keep the vehicle locked when not in use (using the devices provided by the lessor for this purpose) and to keep the vehicle's documents.

 

  • The lessee agrees to keep the vehicle properly parked and secured when not in use.

 

  • The lessee is expressly prohibited from assigning, renting, mortgaging, pledging, selling, or in any way giving as collateral:

 

The vehicle, the rental agreement, the keys, the documentation, equipment, tools and/or accessories of the vehicle and/or any part or piece thereof; or treat the foregoing in a manner that causes harm to the lessor.

 

  • It is the lessee's obligation to stop the vehicle as soon as possible when, while in motion, the instruments or any of the warning lights that detect a vehicle malfunction illuminate, or when external signs indicating a breakdown or malfunction are perceived. In this case, the lessee must contact the lessor or the roadside assistance company contracted, if applicable, by the lessor, and only the latter. Charges from third-party assistance companies will only be accepted in emergencies and when expressly authorized by the lessor.

 

  • Use of the vehicle outside the city limits or on motorways/motorways is prohibited. Outside the city limits or on motorways, it is not covered by mandatory third-party liability insurance. In the event of non-compliance with this section, the lessee will be solely responsible for any damages that may arise to the vehicle, the driver, the second passenger or companion, third parties, or the lessor.

 

  • It is not Transport of the vehicle on board any type of ship, train, truck, or airplane is permitted (unless expressly authorized in writing by the Lessor).

 

  • Any damages of any kind that the Lessor may suffer due to non-compliance with the conditions set forth in this article and/or for use other than that agreed upon by the Lessee, authorize the Lessor to withdraw the vehicle from the Lessee and to invoice and collect from the Lessee, after prior written notification to the Lessee, the duly justified amounts corresponding to the repair or other expenses arising from said damages.

 ARTICLE 2.

CONDITION OF THE VEHICLE.

2.1 The Lessor delivers the vehicle to the Lessee in good apparent working order and good external condition and cleanliness, having passed the Lessor's internal checks; and with all tires in good condition and without punctures.

2.2 As an exception to the provisions of Article 5 of these General Conditions, in the event of deterioration, damage, theft and/or loss of any of the tires, the Lessee undertakes to replace them immediately, at their own expense, with other tires of identical characteristics and the same make and model. 2.3 The Lessee is expressly prohibited from altering any technical characteristic of the vehicle, the vehicle keys, the vehicle equipment, the tools and/or accessories of the vehicle, as well as as to make any modification to its exterior and/or interior appearance (unless expressly authorized in writing by the Tenant).

 ARTICLE 3.

PRICE, DURATION AND EXTENSION OF THE LEASE.

 3.1    The rental price is that expressed in the rental agreement and is established according to the current General Rate (regarding services, taxes and fees) and the initial price agreed with the Tenant at the time of making the rental, according to the selected rate.

 3.2    The rental price includes the costs of the vehicle's mandatory third-party liability insurance. 3.3 The rental period will be as agreed in the contract and will be billed based on twenty-four-hour periods, starting from the time the contract was formalized. If the Lessee does not return the vehicle on time, the contract will be extended in 24-hour periods, with the corresponding rental price amounts accruing for each day that passes without the Lessee formalizing the corresponding contract extension documents with the Lessor. 3.4 In the event of an extension agreed upon by both parties in the contract, or for return of the vehicle outside the term for any reason, the applicable price will be that indicated in the current General Rate. 3.5 Under no circumstances may the deposited or guaranteed amount paid at the beginning of the rental be used for an extension thereof. Should the Lessee wish to keep the vehicle for a period longer than initially agreed, they undertake to obtain prior express authorization from the Lessor and to immediately pay the amount of the additional deposit for said extension. 3.6 The Renter agrees to return the vehicle to the Lessor on the date and time agreed upon and at the location stipulated in the rental agreement. Returning the vehicle to a location other than the one initially agreed upon, with the Lessor's prior consent, will incur an additional penalty of 50 euros payable by the Renter.

3.7

The service is only considered complete once the vehicle and its keys have been returned to the Lessor during office hours.

ARTICLE 4.

PAYMENTS.

4.1

The Lessee agrees to pay the Lessor:

  1. a) The amount resulting from the application of the current General Rate 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 with applicable taxes and fees.

  2. b) The amount resulting from the provisions of Article 5 of these General Terms and Conditions and the current General Rate (regarding insurance) in terms of rental prices and in terms of deductible or maximum liability in the event of any of the insured events.

  3. c) The amount of compensation for the immobilization of the vehicle for any reason, provided it is due to the fault of someone other than the Lessor, estimated, where applicable, according to the number of days necessary for the repair of the vehicle, based on the corresponding invoice and calculating one day for every eight hours of work. For the calculation of said amount, the following will be used: as a basis the contracted daily occupancy rate. In the event of theft or loss, the Lessee will only pay the Lessor the amount of one day's rental in addition to the corresponding amount as provided in Article 5 of these General Conditions (regarding rental prices and deductible or maximum liability).

  4. d) The cost of towing and/or repairing damage to the vehicle caused by the use of unsuitable fuel, contravening the provisions of Article 8 of these General Conditions. The calculation of said amount will be carried out in accordance with section c) above.

  5. e) The amount corresponding to fines or penalties related to reports for any violation of current legislation, especially those relating to the Traffic Code and Road Safety Law, which the Lessee may incur as a result of the use of the vehicle subject to the rental agreement, as well as the corresponding surcharges for late payment by the Lessee and the judicial or extrajudicial expenses that the Lessor may have incurred as a result of the above.

  6. f) The amount of 50 euros in the event that an employee of MOTOS TRAFACH S.L. must go to a municipal impound lot to recover the vehicle that was removed due to the Renter's responsibility.

  7. g) The amount that, for any reason, may arise from the Renter having caused damage to third parties or to the Lessor, even if insured. If the vehicle is already insured, when the Lessor receives the amount of the damage or loss from the insurer, they will return to the Renter what they have charged for this concept.

4.2 The payment of the amounts listed in section 4.1 above must be made by credit card or in cash. In the latter case, it will be in currency accepted by the Lessor, and according to the market exchange rate at the time of invoicing, plus an additional 3% management charge in cases where payment is made in foreign currency.

4.3

In the event that the Lessee does not make the aforementioned payments within 24 hours of their accrual, the Lessor may deduct them from the security deposit and claim them through judicial or extrajudicial means without further prior formality.

4.4 In the event that the Lessee selects the "receive electronic invoice" option, the Lessee will receive an email with a direct link to the invoice so you can view and/or download it in PDF format, easily and conveniently. If at any time the Lessee wishes to revoke this consent, they can do so by expressly requesting it at our email address rgpd@trafach.com. ARTICLE 7. MAINTENANCE AND REPAIRS. 7.1 The Lessee agrees to bring the vehicle to the Lessor's establishment every 2,500 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 and tear from normal use of the vehicle is assumed by the Lessor. In the event that the vehicle becomes immobilized due to mechanical breakdown, the Lessee must contact the Lessor or the roadside assistance company contracted by the Lessor, and only the latter. Charges to third parties will only be accepted from said roadside assistance company in cases of emergency and when expressly authorized by the Lessor.

7.3 The Renter must periodically check, and if necessary top up, the engine fluid levels every 1,000 kilometers traveled. 7.4 In case of fluid top-ups, the Renter 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 repairs to the vehicle, except with the express authorization of the Lessor. In this case, the Renter must present a detailed invoice for the repairs carried out. 7.6 In the event that the rental period exceeds one month, the Lessee must return the vehicle to the Lessor every 30 calendar days for routine inspection at the Lessor's premises. ARTICLE 8. FUEL. 8.1 The fuel consumed by the vehicle during the rental period is the responsibility of the Lessee. 8.2 The Lessee must refuel the vehicle with the appropriate type of fuel. Otherwise, the Lessee will be responsible for the expenses incurred for the removal and/or repair of any damage that may have occurred to the vehicle due to the use of unsuitable fuel.

8.3

The Renter agrees to return the vehicle with the same fuel level as when it was delivered at the beginning of the rental.

ARTICLE 9.

SECURITY DEPOSIT.

The Renter must make available to the Lessor a security deposit to cover any loss that the Lessor may suffer arising from this contract. This amount will only be returned to the Tenant when the Landlord verifies that there is no amount to deduct from it for other reasons under these General Conditions.

Security Deposits range from €400 to €1500; depending on the selected model.

 

 ARTICLE 10.

SUBSEQUENT ADDITIONAL CHARGES.

 The additional amounts that the Lessor is required to collect under these General Conditions may be collected directly from the security deposit.

 ARTICLE 11.

TRAFFIC FINE/INFRACTION MANAGEMENT.

 The Lessee is responsible for traffic violations and the corresponding fines. In the event of an infringement or fine, the following procedure will be followed to the charge of 30 euros to the client for corresponding administrative procedures.

 ARTICLE 12.

CANCELLATION POLICY.

12.1    If the Renter cancels their reservation more than 7 days in advance, the Landlord will refund the amount paid, deducting 10% for administration costs.

 12.2    If the Renter cancels their reservation less than 7 days in advance, they will receive by the Lessor a voucher for the amount paid, valid for one year.

12.3

If the reservation is cancelled without prior notice, the Lessor will not make any refund.

ARTICLE 13.

MODIFICATIONS TO THE RENTAL AGREEMENT.

These General Conditions, as well As with the remaining clauses of the rental agreement, they may only be modified by written agreement between both parties.

 ARTICLE 14.

COMPUTER PROCESSING OF PERSONAL DATA.

The processing of personal data will be governed by the privacy policy of Motos Trafach S.L., which can be consulted here.

 ARTICLE 15.

APPLICABLE LAW AND JURISDICTION.

 15.1     This contract will be governed by and will be interpreted in accordance with the laws of the country in which they were signed.

15.2

Any issues arising from this contract between the Landlord and the Tenant shall be subject to the jurisdiction of the Spanish courts and tribunals corresponding to the city where it was signed

the contract, to which both parties submit.

 ARTICLE 16.

ANNEX QUANTIFICATION OF DAMAGES.

 

The damages caused to the leased vehicles will be estimated by our official technical service, calculating the labor time and the spare parts necessary to leave the motorcycle in the same condition in which it was delivered to the lessee. These spare parts will be calculated according to the manufacturer's current official price list and the labor cost will be the one established at that time by the dealership.

Through this contract, the Lessee agrees to pay the amounts in this list for each damage caused in the indicated cases.

Payment Methods

Payment by Credit/Debit Card

By selecting this method, the purchase process will link to our bank's page (Servired). In this way, the data is not retained by Trafach-rent.com but is sent directly via a secure protocol (HTTPS) to the bank that operates with Trafach-rent.com, "la Caixa". Thus, we offer you maximum security and confidence.

Your card will be charged at the precise moment you validate the payment.

For security reasons, Trafach-rent.com reserves the right to refuse any transaction made by credit card. In this case, we will refund the money to the original card. If, after our explanation, the customer is interested in proceeding with the purchase of the items, we will request a bank transfer.

After payment, we will notify you of the result and, if successful, we will send you an email with the details and order confirmation.

Payment via PayPal

Trafach-rent.com also allows the use of PayPal's quick checkout service. Access is available on the right side of the Purchase Summary, whether you already have a PayPal account or wish to create one at the time of payment. If you are already a PayPal user, you will complete the purchase after identity verification, without having to fill out billing and shipping forms. After clicking the PayPal button, payment validation or acceptance is carried out on PayPal's secure and encrypted computer system, and Trafach-Rent.com is not responsible for its proper functioning. For any questions, please contact Motos Trafach S.L. (972 40 60 67) Monday to Friday from 9:00 AM to 1:00 PM and from 4:00 PM to 8:00 PM. Saturdays, from 10:00 AM to 1:30 PM. Closed Saturdays in July, August, and half of September.

Deposits

The lessee is required to leave the deposit corresponding to each model:

0 to 400cc = 400 EUR

401 to 800cc = 600 EUR

801 to 1600cc = 900 EUR

This deposit will be used in case of accident to cover the deductible of the comprehensive insurance that all motorcycles have. Offers for trafach-rent.com

ARTICLE 17

"ONLINE DISPUTE RESOLUTION"

If you have a problem that we have not been able to resolve, you can access the Online Dispute Resolution (ODR) Platform. (by its acronym in English) available at the following link: http://ec.europa.eu/odr. The ODR Platform is an online platform specifically designed to help consumers who have had a problem as a result of an online purchase of goods or services. The ODR Platform allows consumers domiciled in the European Union to submit their dispute to an Alternative Dispute Resolution Entity (ADR). The ODR Platform will be responsible for forwarding disputes to the ADRs included in the national list of ADRs that comply with the requirements established in the ADR Directive. In any case, we remind you that you can contact Motos Trafach at the following link: rgpd@trafach.com