GENERAL TERMS AND CONDITIONS
Supplier – Serrom S.R.L., a company operating in accordance with the laws of Romania based in Bucharest, str. Ienachita Vacarescu No. 38, 4th district, registered at the Trade Register Office under no. J22/2000/2003, with Sole Registration Number RO15862802.
Beneficiary – natural or legal person who benefits from the services offered by the Supplier, in accordance with the Lease Agreement and these Terms and Conditions.
Lease Duration – the length calculated in periods of 24 hours starting at the exact date and time of the receipt of the motorcycle, accessories, and motorcycle key and documents by the Beneficiary up to the date and time of return or recovery by the Supplier of the motorcycle, of the motorcycle accessories, keys and documents in the same aesthetics and function as the date of the receipt (except the normal wear).
Agreement – the lease agreement concluded between the Supplier and the Beneficiary.
Motorcycle – the vehicle identified in section 3 of the Agreement by chassis number and registration number.
Accessories – means, but it is not limited to GPS (global positioning system), storage boxes, bags, waterproof (roll bag), rain suits, helmets, or other accessories (offered) by the Supplier and listed in paragraph 3 of the Agreement.
Services – all the services provided by the Supplier of the Beneficiary including, but not limited to rental of the motorcycle (e.g. voluntary complementary insurance, the right to leave the territory of Romania at the rented motorcycle handlebars, the Prepaid Fuel Option and others.
Safety deposit – the amount retained by the Supplier from the Beneficiary at the time of signing the Agreement, a guarantee for compliance with the obligations assumed by the Beneficiary in accordance with the Agreement.
Additional authorized driver – any person, except the Beneficiary, who is allowed by the Supplier to run the motorcycle, which are applicable to the provisions of the Agreement and is held to observe the present General Terms and Conditions, as well as the applicable laws.
- GENERAL INFORMATION
All the informational content, as can be seen or heard on the website www.motorentals.ro (hereinafter referred to as the “Site“), including the graphic layout, images, illustrations, graphics, audio or video clips, text and trademarks, are the subjects of trade, service marks, copyright and/or other intellectual property rights or are subjects to licenses owned by the supplier or its affiliates or other third parties that have licensed their material to the Supplier. The entire content of the Site is owned by the Supplier and is subject to the copyright laws from Romania. The Supplier owns the copyright for the selection, coordination, arrangement and updating the entire content of the Site. The logos, the names of the products that do not belong to the Supplier are the property of their respective owners.
The Supplier assumes the right to modify, remove or replace the portions of this website and to modify at any time the Terms and General Conditions without prior warning.
The use of the Site (access, browsing and registering of a user account on this website) constitutes an implicit agreement on the part of the Beneficiary’s compliance with the Terms and Conditions set forth in the table of contents of this document, with all the effects and consequences arising from it.
The reservation can be made online on this website and through e-mail at email@example.com. The reservation is confirmed via an email sent by the Supplier to the Beneficiary to the e-mail address indicated by the Beneficiary, only after the payment by the provider of the advance of 25% of the total booking amount for the motorcycle, accessories and services requested by the Beneficiary.
- CANCELLATIONS AND REFUNDS OF FUNDS
Cancellation of a reservation can be done by sending an email to firstname.lastname@example.org or by following the link in the email for the confirmation of the booking. The advance paid for the motorcycle, accessories and services requested by the Beneficiary is not refundable, but can be used in a period of 6 months from the date of cancellation for the duration of the lease starting at a later date only after the written consent of the Supplier and depending on the availability of the motorcycle, requested accessories and services.
By exception, if the cancellation request is made more than 30 days prior to the reservation, and the Beneficiary has paid more than 25% of the total booking amount, the difference shall be refunded up to the not refundable amount 25% of the total amount of the booking. The Supplier recommends the Beneficiary to obtain an insurance which covers the losses arising from the cancellation of the trip.
- SAFETY DEPOSIT
The amount representing the security deposit (“the Deposit“) is blocked on the credit card of the Beneficiary at the time of the takeover of the motorcycle, the motorcycle accessories, documents and key and unlocks/returns within 7 calendar days after the date of return or recovery by the Supplier of the motorcycle, of the motorcycle accessories, the keys and documents in the same aesthetics and function as the date on the receipt (except the normal wear).
The establishment of this Safety Deposit is a compulsory element of the agreement. The Safety Deposit can vary between 300-1700 Euro depending on the type of the rented motorcycle and of the chosen services. The exact amount of the Deposit will be communicated to the Beneficiary at the time of signing the Agreement and will be retained by the Supplier in accordance with the provisions of the present. If an Agreement is reached between the Supplier and the Beneficiary for the contract extension, and the prolongation of the Agreement differ from the initial amount of deposit will be changed according to the new conditions and the new amount will be retained by the Supplier before the continuation of the Agreement.
The Supplier has the right to withhold any amounts from the deposit representing the counterpart of the damages incurred by the Beneficiary to the Supplier and any amounts to be paid by the Beneficiary to the Supplier under the Agreement, including but not limited to:
- the loss or destruction of the documents or of the keys of the motorcycle;
- the use of another fuel than the one mentioned in the technical documentation of the motorcycle;
- unauthorized use of the motorcycle as it is described in article 9 below;
- erroneously calculation of the gauge by the Beneficiary;
- the value of the recovery and towing the motorcycle should the Clauses of the Agreement are not fulfilled;
- fees, fines, penalties and legal expenses caused by the non-compliance with the Agreement, the Road Code, the laws, rules and norms in force in Romania or in other countries where the motorcycle has been used;
- return or abandoning the motorcycle, accessories, of the motorcycle papers and of the key in another place than stipulated in the Agreement;
- the non-payment of the road fines collected by the Beneficiary while driving the motorcycle, fines which were transmitted directly to the Supplier, and the beneficiary has not forwarded to the Supplier the proof of the payment of such fines.
- PAYMENTS AND PAYMENT METHODS
The Beneficiary will pay the Supplier 25% of the total cost of the rental of the motorcycle, accessories and services requested to confirm their reservation. The rest of payment is paid in full and without exception from the date of the receipt by the Beneficiary of the motorcycle, of the motorcycle accessories, the key and the documents, and also with the establishment of the (blocking) safety deposit from the credit card of the Beneficiary.
The credit card is used for the payment of the services and for the establishment of the safety deposit must be the on the name of the Beneficiary. The failure or refusal of the payment and of the establishment of the Safety Deposit lead to the termination of the Agreement without the Beneficiary’s right to compensation.
The payments can be made by credit card (online and offline) or by bank transfer. In case of payment by bank transfer for booking, the Supplier does not guarantee the booking confirmation until the payment of the funds and will not be due any compensation from delaying the payment of the amounts.
In case the payment by bank transfer is made for the payment of the rest of the lease payment, the total payment into the account of the Supplier must be up to the time of the takeover of the motorcycle, of the motorcycle accessories, of the key and documents.
In order to pay online via credit card it is necessary to fill out a form with the information about your card on the secure page of the payment processor.
Payments with credit/debit cards issued under the Visa and MasterCard logo (Visa/MasterCard/Visa Electron and Maestro) is made through the “3-D Secure” system prepared by organizations that provide on-line transactions at the same level of safety as those made from ATMs or in the physical environment, at the merchant. The “3-D Secure” system ensures first of all that any of the information related to your card is transferred or stored at any moment of time, the merchant’s servers or on the servers with the processor of payments, this data is directly introduced into the Visa and MasterCard systems.
The payments by credit card, both online and offline, are made in Lei at the NBR exchange rate on the day of payment.
- CONDITIONS FOR THE ELIGIBILITY OF THE BENEFICIARY
In order to be able to conclude an Agreement with the Supplier, the Beneficiary must meet the following cumulative conditions:
- to make proof of possession of a driving licence valid for category A (motorcycles) unrestricted in any way within the validity period of the lease, owned by more than one year and valid to drive motorcycles in Romania and in the countries where the rented bike shall be used,
- to be 25 years of age at the date of signature of the Agreement, and
- to submit this permit together with an ID (national identity card or passport) within the validity period of the Agreement.
The Beneficiary agrees that the Supplier will keep a copy of these documents for the settlement of cases that may occur at a later date since the termination of the Agreement (fines, etc.).
- TAKING OVER AND RETURNING THE MOTORCYCLE AND ACCESSORIES
Taking over and returning of the motorcycle, of the accessories, of the motorcycle papers and of the key shall be done on the dates and at times written in the Agreement at section 2. The grace period for returning the motorcycle, the accessories, the motorcycle documents and the keys is of 3 hours. In case of overrun of the period, he is obliged to pay to the Supplier the equivalent value of a day’s rental.
If the grace period is exceeded with a period beyond 21 hours, the Supplier reserves the right to apply for the police competent bodies.
Taking over and returning of the motorcycle, of the accessories, of the motorcycle documents and of the key can be made from the Rental Office or from/in another place approved by common Agreement between the Supplier and the Beneficiary. For retrieving or returning the motorcycle, the accessories, the motorcycle documents and the key in a location other than the Rental Office, the Beneficiary will pay the Supplier, before the beginning of the rental period, a shipping fee of 25 euro 0.5 euro/km).
In case taking and returning the motorcycle, the accessories, the motorcycle documents and the key is made in a place other than that laid down in the Agreement, the Supplier reserves the right to recalculate the shipping fee previously mentioned, as well as to retain from the deposit amount representing the recalculated transport fee.
The Supplier will not refund the Beneficiary the shipping charge in case he returns the motorcycle, the accessories, the motorcycle documents and the key in a place situated closer to the Supplier other than the one stipulated in the Agreement.
By returning or abandoning the motorcycle, the accessories, the motorcycle documents and the key in another place than stipulated in the Agreement, the Beneficiary assumes the obligation to pay any amount paid to the Supplier by it for the recovery of the motorcycle, of the accessories, of the motorcycle documents and of the key.
- LIMITATIONS OF THE USE AND TERMINATION OF RIGHT OF USE
The Beneficiary agrees to adhere to and to accept all the consequences related to the unauthorized use of the motorcycle. Unauthorized use includes, but is not limited, to the following cases:
- making any modifications or repairs on the motorcycle or accessories (modification of the no. of km, repairs of any kind, any damages, etc.);
- the motorcycle sublet by the Beneficiary, except for the situation in which there is a written agreement of the Supplier with regard to this issue;
- allowing to another person than the Beneficiary and the additional authorized driver to drive the motorcycle.
- using or allowing the use of the motorcycle for illegal activities, in an illegal or irresponsible manner;
- using or allowing the use of the rented motorcycle in racing or races of any kind;
- using or allowing the use of the motorcycle to tow or push things (objects) of any kind;
- transport of a larger number of passengers than the maximum number permitted under the technical specifications of the motorcycle;
- exceeding the maximum permissible load of the motorcycle as it is provided in the certificate of registration of the motorcycle);
- driving or allowing driving of the motorcycle by any person under the influence of alcohol, drugs, narcotic substances of any kind or of drugs that may reduce the capacity to drive, even if that person has the recipe for these;
- allowing the pass of the motorcycle outside the borders of Romania’s State without the written consent of the Supplier;
- driving or allowing driving of the motorcycle outside the public roads.
- driving or allowing driving of the motorcycle by a using a fake name, a fake address, with invalid permit or that expires within the rental period or of anyone who obtained the key without the motorcycle supplier’s agreement.
- using or allowing the use of the motorcycle for the transport of explosives, chemicals, corrosive or hazardous materials or of any other unauthorized materials by the Supplier;
- allowing the use of the motorcycle by any person in order to teach that person to drive such a vehicle.
The unauthorized use renders the termination of the agreement under, the Supplier reserving the right to ask the Beneficiary for compensation related to the prejudice caused as a result of unauthorized use, the Beneficiary being the sole responsible and supporting any kind of consequences of the unauthorized use of the rented motorcycle.
- OBLIGATIONS OF THE SUPPLIER
The Supplier is obliged to provide the Beneficiary the Motorcycle and its accessories in perfect condition, so that it does not in any way jeopardize the physical integrity and the life of the Beneficiary.
The Beneficiary agrees that the Supplier cannot be held responsible for other damages except for those caused by physical or operating condition of the motorcycle.
- OBLIGATIONS OF THE BENEFICIARY
The beneficiary is obliged:
- to comply with the terms and conditions of the Agreement;
- to abide the rules of the traffic and to avoid any situation that could cause damages to the engine and its accessories and/or third parties and to be liable for any contravention fines and/or fines/fees for the use of parking lots;
- to use the motorcycle and its accessories with the prudence and diligence of a good owner;
- to pay the Supplier the equivalent value of the Agreement, as well as any additional costs justified and required by the Supplier
- to return at the end of the rental term, the motorcycle, the accessories, the key and the documents, in the same aesthetics and function as the receipt date (except for the normal wear);
- as in the case of an accident, an act of vandalism, theft or any event which may cause damage to the engine and its accessories, to notify the competent authorities immediately by calling the emergency number 112 and the Supplier and obtain the report of findings of the event, as well as all the necessary documents, as appropriate (e.g. repair authorization, copy of insurance of civil liability of the person guilty party);
- if the Beneficiary was fined during driving the motorcycle, he is obliged to submit the proof of the payment of the concerned fine to the supplier as soon as possible after the date of payment.
The Beneficiary is obliged to transmit the Supplier the documents mentioned in point f) above in any situation within 48 hours since the event.
The Supplier shall not be liable for any direct, indirect, incidental, special, including, but not limited to, damages for loss of profits, use, data or other intangible or incommensurate losses (even if the Supplier has been advised previously of the possibility of such losses) resulting from the use or the impossibility of use of the Site information.
For the sections of the Site that may contain the opinions of the readers over the responsibility towards the content of opinion rests entirely to their authors. The supplier reserves the right not to publish those opinions which he considers damaging thereof, in any form.
The Supplier is exclusively responsible for the damages caused to the Beneficiary from intention or serious guilt, provided that the Beneficiary has to prove both damage and serious intent or guilt. Any claim, demand or claim by the principal against the supplier having connection with the damage to the Beneficiary by the Supplier, may be made only in writing at the email address [*] not later than 30 (thirty) days from the date of such damage. After the interval of 30 (thirty) days, the Beneficiary shall have the right to raise any claim relating to any damage to such requests being barred.
The Beneficiary will be liable for any direct, indirect, incidental, special, consequential, damages caused to the Supplier including, but unlimited by:
- -damage to the motorcycle, to the accessories, to the documents and to the motorcycle key;
- -occurrence of road accidents due to the Beneficiary;
- -body injury of any person as a result of driving the motorcycle, etc.
The auto civil liability insurance covers the damage caused as a result of an accident caused by the insurance holder (or his representative – the Beneficiary) within the limit of 1,000,000 Euros compensation for pecuniary damage and of 5,000,000 Euro compensation for bodily injury and decease.
The liability insurance is mandatory and is included in the rental price of the motorcycle. The liability insurance does not cover the beneficiary’s personal damage or loss/damage to personal property.
The optional insurance is an additional service provided for a fee by the Supplier to the Beneficiary and it is not included in the rental price of the motorcycle.
Optional insurance coverage is valid if you meet the following conditions:
- The beneficiary submits the Supplier the crash report (the report of findings of the accident) and the repair permit issued by the police inspectorate within the city where the accident happened, together with all the details (brand, type and registration number of the other vehicle involved, witnesses, etc.);
- The insurance company does not refuse a supplier’s compensation on the grounds that the motorcycle was driven by the Beneficiary without respect for the physical and mental conditions stipulated by the Road Code for driving on the public roads (e.g. fatigue, driving under the influence of alcohol, drugs or medicines, etc.);
- The collision, theft, acts of vandalism, fire or other damage suffered by the motorcycle and the accessories were not a result of an unauthorized use.
In case of request and payment of the optional insurance, the Beneficiary will be liable for the payment of the possible damage within the limits of the Safety Deposit.
The Supplier recommends the Beneficiary to have a travel insurance policy.
- FUEL POLICY
The motorcycle is delivered to the Beneficiary with full tank and has to be returned to the supplier in the same manner, except for the situation in which the Beneficiary has requested and paid for in advance the Prepaid Fuel Option. The fee for this service varies depending on the type of the motorcycle and can be found on the website within the section where there are presented the details of every motorcycle.
- TERMINATION OF THE AGREEMENT
The Agreement terminates:
- upon the expiration of the rental duration;
- by unilateral denunciation by the Supplier, in the event that the Beneficiary does not fulfil the obligations assumed through the Agreement, i.e. by expressing the agreement on the General Terms and Conditions (articles 9 and 11 of these General Terms and Conditions of the Supplier, i.e. sections 2, 4, 6 and 10 of the Agreement);
- if the Beneficiary refuses unreasonably the takeover of the motorcycle, though it has made an order relating to the lease of the motorcycle through the Site;
- if the Beneficiary terminates the Agreement before term, the amount paid for the period in which the motorcycle was not used by the Supplier is restrained by way of indemnity.
The Beneficiary is obliged to pay penalty amounts according to the following provisions:
- the loss or destruction of the key or of the documents of the motorcycle – 250 Euro;
- the equivalent value of the repair costs in case of use of any other fuel that the one indicated in the technical documentation of the motorcycle;
- the equivalent value of the cost of the repair of the motorcycle or claims incurred as a result of the unauthorized accessories;
- the equivalent value of the repair costs in case the damage is the result of wrong calculation of the gauge by the Beneficiary;
- the value of the fees, fines, penalties and legal expenses caused by non-compliance with the Agreement, of the Road Code, the laws, rules and norms in force in Romania or in other countries where the motorcycle has been used;
- the value of the repairs if the Beneficiary cannot provide the Supplier with the documents issued by the police (the report and the authorization service) in the event of an accident resulting in damage to the motorcycle and accessories;
- the equivalent value of the repairs if the Beneficiary has not requested and paid for the optional insurance.
The value of the costs and repairs mentioned above will be calculated based on an estimate made by authorized service units, upon the free choice of the Supplier.
All the amounts due by the Beneficiary to the Supplier arising from the situations above will be cashed by the same electronic methods used for the rent, by the Supplier of the Beneficiary, and it agrees to authorize expressly, by signing the agreement, the acceptance of these General Terms and Conditions, as the Supplier to collect the amounts involved in this way. In any of the previously mentioned cases, the Supplier shall notify the Beneficiary about the collection of these amounts and the reasons for the gathering, offering all the information available to the Beneficiary.
The Supplier reserves the right to require the Beneficiary a compensatory amount for restraint during repairs with the equivalent value of a day’s rental for each 8 hours of handwork calculated by estimate or repair bill. The repair estimate is made exclusively from a authorized service, at the free choice of the Supplier.
- PROTECTION OF THE PERSONAL DATA
- APPLICABLE LAWS
The Agreement is governed by the applicable laws in force in Romania. The Supplier is trying to solve all all the issues, amicably. When this is not possible, any dispute between the Supplier and the Beneficiary will be resolved by the competent courts in Bucharest, Romania.
© 2016 - 2018 www.motorentals.ro. All rights reserved