Terms and Conditions

GENERAL CONDITIONS OF THE DRIVERLESS VEHICLE LEASING CONTRACT

FIRST.- PURPOSE

The contracting company or Lessor, whose details appear in this contract, rents the assigned Vehicle to the Lessee, in accordance with the clauses and conditions that are established and that the Lessee accepts and undertakes to comply with.

SECOND.- USE OF THE VEHICLE.

2.1 The Renter undertakes to use and drive the Vehicle in accordance with the basic rules of driving and driving, and in accordance with the specifications for the use of the type of Vehicle.

2.2 The Hirer undertakes not to use the Vehicle and/or not to allow it to be used in the following cases:

a) Remunerated passenger transport.
b) Push or tow any Vehicle or any other object, whether or not rolling.
c) Participate in competitions, official or not.
d) Driving the Vehicle under the influence of alcohol or narcotics.
e) Transport of goods that violate the law or the legal provisions in force or for illicit purposes.
f) Transport of passengers in a number greater than that authorised and indicated in the Vehicle's Technical Inspection Sheet.
g) Transport of goods in weight, quantity and/or volume greater than that authorised in the Vehicle's Technical Inspection Sheet.
h) Transport of goods classified as special or dangerous by the Transport Laws in force.
i) Not to use or allow the leased vehicle to be used as a means or instrument for the commission of crimes, prohibited or simply punishable by law, assistance to criminals or protection, transport and shelter of objects derived from crimes.

2.3 Only the person or persons identified and accepted by the Lessor in the rental agreement and/or any annex thereto who are over 18 years of age, and who hold and hold a valid and valid driving licence for at least two years, are authorised to drive the Rented Vehicle.

2.4 The Hirer undertakes to keep the Vehicle locked and to keep the Vehicle documents with him/herself, never leaving them in the vehicle.

2.5 The Hirer is expressly prohibited from assigning, mortgaging, pledging, selling or in any way collateral: the Vehicle, the Helmet(s), the safety vest(s), the rental agreement, the keys, the documentation, the equipment, the tools and/or accessories of the Vehicle and/or any part or part thereof, or treating the foregoing in a way that causes damage to the Lessor.

2.6 On the Peninsula, unless expressly authorised by the Lessor, it is forbidden to use the vehicle outside the province where the rental is carried out and the transfer of the Vehicle to the Balearic Islands or the Canary Islands.

2.7 Unless expressly authorised to this effect, the rented vehicle may only circulate in the authorised area.

2.8 Circulation outside Spanish territory is not permitted.

THIRD.- CONDITION OF THE VEHICLE.

3.1 The Hirer acknowledges that he has received the vehicle in good working order and cleanliness, that in the event of deterioration due to causes other than normal wear and tear, the Hirer must pay the amount. Likewise, the Lessee will be responsible for the damage caused to the vehicle.

3.2 The Hirer is expressly prohibited from changing any technical characteristics of the Vehicle, the Helmet(s), the safety vest(s), the keys of the Vehicle, the equipment of the Vehicle, the tools and/or accessories of the Vehicle, as well as making any modification to its exterior and/or interior appearance. In the event of infringement of this article, the Hirer shall bear the duly justified costs of reconditioning the Vehicle to its original condition and pay an amount as compensation for the immobilization of the vehicle.

3.3 The Renter releases the Hirer from any liability for loss or damage to objects left or transported in the Vehicle by the Renter or any other person or to their clothing, either during the term of the contract or after the return of the Vehicle.

FOURTH.- PRICE, DEPOSIT AND EXTENSION.

4.1 The rental price, as well as the deposit, are determined by the General Rate in force and must be paid in advance by the Lessee or insurance company that takes charge. In no case may the deposit be used for an extension of the rent. Payment of these amounts must be made by credit card, unless payment is made by an insurance company, in which case a different billing process will be followed.

4.2 The duration of the rental will be agreed in the contract, and will be invoiced based on calendar days.

4.3 In the event that the Hirer wishes to keep the Vehicle for a longer period than agreed in the contract, the Hirer must obtain the consent of the Lessor, to whom the Hirer must pay the corresponding amount before extending the contract period. To do this, it will be necessary for the Lessee to appear at the place where the vehicle is collected.

4.4 The Renter undertakes to return the Vehicle to the Lessor on the date and at the place provided for in the rental agreement. The service is only considered completed once the Vehicle and the keys to it have been handed over to the Lessor. The vehicle must be returned at the same place of collection. In the event that you want to return the vehicle to a place other than the one agreed, you must communicate at the beginning of the contract and have the written acceptance of the lessor. In the event that the Lessor has several delivery locations, the Lessee must comply with the "special" delivery conditions of each Lessor.

4.5 If the Lessee drives with the expired contract and without the Lessor's authorisation, the insurance taken out will automatically be suspended.

4.6 If the return of the motorcycle later than agreed and prejudices a subsequent reservation, 50% of the rental deposit will be charged.

FIFTH.- PAYMENTS.

5.1 The Hirer undertakes to pay the Lessor:

a) The amount resulting from the application of the General Rate in force and the price agreed in the rental contract, corresponding to duration, insurance, optional exemptions, optional equipment and complementary services, according to the conditions applied, as well as the applicable taxes and fees.
b) The amount of damage and/or theft suffered in whole or in part to the Vehicle. The maximum liability of the Lessee will be the value of the deposit. In the event of damage to the vehicle, as well as its accessories and complements, and/or theft of the same, a charge will be made to the Lessee equal to the RRP Recommended by the manufacturer. In case of returning the vehicle without a fully full tank, the refuelling service will be applied: 30.-€. (The corresponding Value Added Tax or tax that replaces it will be added to all the amounts mentioned.)
c) The amount corresponding to the fines for any infringement of current and applicable legislation, especially that relating to the Highway Code and Transport Regulations, which the Lessee may incur, as well as the corresponding charges for the delay in payment by the Lessee and the judicial or extrajudicial expenses that the Lessor may have incurred as a result of the above. As well as the amount of the days that the Lessor cannot freely dispose of the vehicle due to seizure, breakdown or damage caused to it during the lease attributable to the Lessee. All this with the exception of those for which the Lessor is responsible as owner and holder of the Vehicle.

5.2 Payment of the amounts indicated in section 4.1 above must be made by credit card. If payment is made by credit or debit card, the renter's signature on the acceptance of the general terms and conditions of the rental agreement constitutes authorization to the lessor to charge the total final amount of the contract to the renter's account with the card issuer.

5.3 The method of payment will always be in cash (credit or debit card) at the time of booking or at the signing of the contract.

SIXTH.- INSURANCE.

6.1 The rental price includes the insurance taken out by the Lessor for the rented motorcycle, with the following coverages:

Compulsory civil liability: covers damage to third parties up to the legally established limit.
Legal defence and claim for damages: defence in court in the event of a traffic accident and the claim against the person responsible for the damage suffered in the same. Limit of €600 in case of free choice of professionals.
Theft: covers the complete theft of the vehicle and damage in the event of attempted theft, with an excess of approximately 10% of the value of the vehicle's sale price (exact amount established in the specific conditions of the policy).
Fire: covers damage caused by the fire of the vehicle, with an excess of approx. 10% of the value of the sale price of the vehicle (exact amount established in the specific conditions of the policy).
Own damage: damage caused to the motorcycle by collision, rollover, malicious acts of third parties and weather phenomena. Excess of approx. 10% of the value of the sale price of the vehicle (exact amount established in the specific conditions of the policy).
Theft, Fire and Own Damage guarantees are excluded for Ceuta and Melilla and for the following types of vehicles: Moped, Electric Moped, Off-Road Motorcycle, Quad, Atv, Microcar
Accidents to the driver: death, permanent absolute disability and reimbursement of the vehicle's driver's health care in the event of a traffic accident are covered (limit €6,000).
Defence in Administrative Traffic Offences: the making of allegations of complaints and ordinary appeals against the penalties for infringements of the Law on Traffic, Circulation of Motor Vehicles and Road Safety and other traffic regulatory provisions is covered.

6.2 The Particular, General and Special Conditions of the insurance contract will be applicable to both the Lessor/policyholder and the Lessee/driver, being available for consultation at the Lessor's headquarters, and which the Lessee declares to be aware of at the time of the rental and expressly accepts.

6.3 Travel assistance coverage is optional and will only be included in the insurance when it is expressly contracted and included in the Specific Conditions of the policy.

6.4 The renter/driver will be responsible for the payment of the Excess in the event of theft, fire, own damage and traffic accidents where there is no responsible third party, or if there is no proven liability or is insolvent, who assumes the payment of said excess. The exact amount of the excess is included in the Particular Conditions of the policy, it is approx. 10% of the RRP value of the vehicle.

6.5 In order for the insurance to be covered, the renter/driver must comply with the following obligations:

The use of the rented motorcycle is exclusively private. The vehicle may never be used to exercise any type of profession or to deliver goods or food.
Do not transport people or goods, when this directly or indirectly involves subletting the motorcycle.
Not driving the rented motorcycle with reduced physical conditions caused by fatigue, illness or the effects of alcohol or drugs.
Do not use the leased motorcycle to tow or push other vehicles or trailers.
Not to participate with the rented motorcycle in any type of sports events, races, training of any kind, official or not, or in endurance tests of accessory materials or products for motorcycles.
Not to transport on the leased motorcycle any type of flammable, dangerous, radioactive, toxic or harmful goods, or that exceed the weight, quantity or volume authorized in the registration certificate or technical data sheet of the same.
Do not travel outside the road network, or on unpaved roads or roads unsuitable for traffic.
Do not transit in port or airport enclosures.
Park the rented motorcycle in suitable, suitable and safe places when it is not being used.

6.6 IN THE EVENT OF AN ACCIDENT. The Lessee undertakes to immediately report any claim to the Lessor, who will proceed to notify the insurer. The obligations of the client are:

Contact the Landlord immediately to report what happened.
Obtain the complete data of the opposing party, completing the amicable accident declaration that has been given to them together with the documentation of the motorcycle, which they will send urgently to the Lessor within 48 hours.
Do not leave the motorcycle without taking the appropriate measures to protect and safeguard it.
Immediately transmit to the Lessor and the insurer any summons, writing or notification that refers to said claim
Provide full cooperation with the insurer in the investigation and defense of any claim and process.

6.7 OWN DAMAGE, FIRE OR THEFT OF THE VEHICLE. In the event of own damage, fire or theft of the rented motorcycle, the Client undertakes to:

Inform the Lessor of what has happened immediately.
File a report of theft or malicious acts of third parties (vandalism) at police authorities' offices.
To provide full cooperation with the Lessor and the insurance company in the investigation and defense of any investigation or process.
Take care of the deductible established in the policy.

If the loss is not covered by the insurance company, for any reason attributable to the customer, including negligence or willful misconduct, the customer will be obliged to pay the Lessor the market value of the motorcycle at the time of theft or the value of the repair.

In the event that the theft occurs on any of the accessories or parts of the rented motorcycle, the Client will be responsible for the theft and will compensate the Lessor for the official price of the manufacturer of the stolen part or accessory plus the cost of the labor invoiced by the corresponding workshop.

6.7 FINES. In the event of receiving a notification of a sanction for the rented motorcycle, the driver/lessee must inform the Lessor and, if appropriate, provide the necessary documentation at least 7 days before the expiration of the deadline for appeal, in order to have sufficient time to challenge the corresponding penalty. It is essential that the customer proves the date of receipt of the sanction imposed.

In no case will the fine management company be liable for the economic amount of these penalties. The benefits will be limited to administrative channels, to the express exclusion of any other judicial nature. The contracted services will be applicable to events that occur within Spain and in which Spanish legislation is applicable.

The lessee undertakes to pay all fines for any infringement of current and applicable legislation, especially that relating to the Highway Code and transport regulations that are imposed on him, as well as the expenses derived from the removal of the rented motorcycle from the public road by the police authorities. In the event of fines requiring the identification of the driver, the Lessor will notify the competent authorities of the driver's identity.

6.8 DAMAGE TO THE DRIVER AND HIS PROPERTY. The customer exempts the Lessor and the insurer, except for the coverage contracted, from all liability for any damage that may be suffered, both physical and material, derived from the normal or abnormal use of the rented motorcycle. You expressly declare that you are aware of the risks that the use of the motorcycle may produce.

Likewise, the Client relieves the Lessor of all liability for loss or damage that occurs to objects left or transported on the motorcycle by the Client or by any other person, or to their clothing, either during the term of the contract or after the return of the motorcycle. The customer must travel with the appropriate regulatory equipment required by the competent authorities.

6.9 TRAVEL ASSISTANCE: In the event of express contracting of this guarantee, when the vehicle can no longer be driven, or cannot be started, the Customer must call the Roadside Assistance company to collect it, on the telephone number 917572541. The roadside assistance service is included in the rental price and covers a distance of up to 100 km from the site of the breakdown/accident to the repair shop. For assistance outside this radius, the cost of this will be borne by the lessee. The driver is obliged not to leave the motorcycle until the tow truck arrives.

The amount will be charged to the customer in the event of improper use of the roadside assistance service, when the assistance company does not take responsibility for the rescue in places or roads unsuitable for driving or unpaved, or when any other error, negligence or misuse of the courtesy motorcycle by the lessee occurs.

SEVENTH.- FUELS.

7.1 The fuel consumed by the Vehicle during the rental period of the Vehicle is at the Hirer's expense.

7.2 The Renter must refuel the Vehicle with the appropriate type of fuel for the Vehicle. Otherwise, the Hirer will be responsible for the expenses caused by the transfer and/or the repair of the damage that may have been caused to the Vehicle due to the use of inadequate fuel.

7.3 The Vehicle shall be delivered to the Hirer with a full tank, 3/4 or 1/2 of fuel, and the Hirer undertakes to return the Vehicle with a tank equally full of fuel. Otherwise, you will be billed for the missing one plus an additional charge for the refueling service; the amount of said additional charge is that established in these General Conditions in Article 4.1 letter b).

EIGHT.- VALIDITY OF THE CONTRACT.

Any modification of the clauses and conditions of this contract must be expressly stated in writing, without which it will be null and void.

NINTH.- EARLY TERMINATION OF THE CONTRACT

Failure by the Lessee to comply with any clauses of this contract will entitle the Lessor to terminate it with immediate effect, reserving the right to claim any damages it may have suffered. In this case, the Hirer must return the Vehicle to the Lessor immediately, without the need for justification or compensation.

TENTH .- DATA PROTECTION

10.1 In accordance with the provisions of the current regulations on the Protection of Personal Data, the personal data provided by the Lessee will be processed and stored by the Lessor and by Yamaha Motor Europe N.V. – Sucursal en España, solely for the purpose of providing the services subject to this contract. The Renter's data will not be transferred to other third parties unless legally obliged.

10.2 All personal data collected by the Lessor and by Yamaha Motor Europe N.V. – Branch in Spain will be kept in accordance with the guidelines of current legislation (Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016). The Renter can consult the privacy policy in https://www.yamaha-motor.eu/es/es/privacy-policy/.

10.3 The Lessee may exercise the rights of access, rectification, limitation, deletion and opposition by notifying the Lessor in writing to Yamaha Motor Europe N.V. – Sucursal en Spain, address c/Montsià 1 -Parque de negocios Mas Blau -08820 El Prat de Llobregat (Barcelona), or by e-mail: rgpd@yamaha-motor.es.

ELEVENTH . DOCUMENTATION REQUIRED FOR RENTAL

For National Customers, the ID or passport, the corresponding driving license for the type of motorcycle to be rented and a credit card for the payment of the deposit are required.

For International Customers:

Customers not resident in the European Economic Area: International driver's permit is required.
Customers from other countries: For customers from the following countries with a bilateral agreement, the approved license in Spain will be required. These countries are: Algeria, Argentina, Brazil, Bolivia, Chile, Colombia, Ecuador, El Salvador, Guatemala, Macedonia, Morocco, Nicaragua, Panama, Paraguay, Peru, Philippines, Dominican Republic, Republic of Serbia, Tunisia, Turkey, Ukraine, Uruguay and Venezuela.

TWELFTH.- APPLICABLE JURISDICTION.

The Lessee, regardless of their nationality, declares that they have read all the conditions of this contract and in order to resolve any doubt or disagreement that may arise from the interpretation and completion of the same, both parties expressly waive their own jurisdictions and submit to the courts and tribunals of the city in which the Lessor's headquarters are located. Any violation of these conditions will authorize the Lessor to oblige the Hirer to return the Vehicle immediately, without the need for justification or compensation.

Annex I.- GPS Device and Vehicle Monitoring

GPS Device & Monitoring

All motorcycles rented by the Lessor are equipped with a GPS tracking device to monitor your location at all times during the rental period.

The use of the GPS device is intended to ensure the safety of the vehicle, prevent theft and ensure compliance with the conditions of the rental agreement.

User Notification

By signing this contract, the user (hereinafter referred to as "The Renter") acknowledges and agrees that the motorcycle is equipped with a GPS device and that the location of the vehicle will be monitored by the Lessor throughout the rental period.

User's Responsibility

The Renter agrees to use the motorcycle in compliance with all applicable laws and regulations, as well as to respect the terms and conditions set forth in this contract.

The Renter is responsible for informing any person who will operate the motorcycle about the existence of the GPS device and the monitoring of the vehicle.

The Lessor shall not be liable for any breach of privacy arising from the monitoring of the GPS device, as the Lessee has been informed and has explicitly agreed to these conditions.

Data Protection and Privacy

The data collected through the GPS device will be processed and used by the Lessor for the purposes set out in this contract, such as ensuring the safety of the vehicle, preventing its theft and ensuring compliance with the conditions of the rental agreement.

The Lessor will not use the collected data for any other purpose and will not share it with third parties, unless required by law or by a court order.

The Lessor guarantees that all necessary technical and organisational measures will be taken to protect the confidentiality and security of the data collected through the GPS device, in accordance with the provisions of the applicable regulations on data protection.

The Lessee may exercise the rights of access, rectification, limitation, deletion and opposition by writing to Yamaha Motor Europe N.V. – Sucursal en Spain, address c/Montsià 1 -Parque de negocios Mas Blau -08820 El Prat de Llobregat (Barcelona), or by e-mail: rgpd@yamaha-motor.es.

Consequences of Non-Compliance

In the event that the Renter tampers with, alters or deactivates the GPS device, the Renter reserves the right to take appropriate legal action, including but not limited to the immediate termination of the rental agreement and the recovery of the motorcycle.

Any damage caused to the GPS device by negligence or misuse by the Renter will be the responsibility of the Renter, who shall indemnify the Lessor for the costs of repair or replacement.