General Rental Motorbike Conditions
Terms and Conditions
These terms and conditions are intended to regulate the contract to be established between the lessor Ataato Unipessoal, Lda (Love Scooter) and the user who rents the motorcycle (customer). The conditions are general and we reserve the right to variations and specific agreements to be established in writing.
1 OBJECT OF THE CONTRACT
The object of the contract is the temporary use of a Love Scooter by the customer. Ataato Unipessoal, Lda (Love Scooter) declares that to the best of its knowledge the rented scooter is in safe condition and free of failures or defects that affect its safe operation under normal use.
2 MINIMUM RENTAL PERIOD
The minimum rental period is one day (24 hours).
Any fraction of a day will be considered as one day.
3 CUSTOMER AGE AND MINIMUM EXPERIENCE
The customer must be over 21 years of age and have at least one year of driving experience with motorcycles of similar size and power to the one they wish to rent.
The rental prices are calculated and submitted to the customer at the time of rental reservation. In general, these prices include unlimited kilometers, liability insurance, collision insurance for damages exceeding the mandatory deductible, the use of a jet or convertible type helmet, and all legally applicable taxes.
5 RESERVATIONS AND PAYMENT CONDITIONS
At the time of the rental reservation, the customer will pay 50% of the total cost of their rental in order to secure the availability of the motorcycle to be rented. The remaining 50% will be paid at the start of the rental.
These conditions may be subject to change by express agreement between the parties (e.g. promotional campaigns, etc.).
6 MOTORCYCLE AVAILABILITY
Love Scooter is committed to ensuring the availability of the rented motorcycle for the duration of the rental. If, due to unforeseen circumstances, Love Scooter is unable to provide the customer with the reserved model of motorcycle, the nearest available equivalent model may replace the reserved one. If the replacement model has a lower rental value than the model originally reserved by the customer, Love Scooter will refund the difference in rental value. If the rental value of the replacement motorcycle is higher than the rental value of the motorcycle originally reserved by the customer, this difference will not be borne by the customer.
If the customer cancels their reservation more than 15 days in advance of the rental start date, Love Scooter will refund the full amount of the reservation value. If the cancellation is made between 7 and 15 days in relation to the rental start date, Love Scooter will refund 50% of the reservation value. With less than 7 days’ notice, there will be no refund. Such cancellation must be made in writing. If the cancellation is partial, i.e. if the customer wishes to cancel only some of the rental period, the same cancellation policy will apply to the cancelled days.
If the cancellation of the reservation is the responsibility of Love Scooter, the customer will be reimbursed for the full amount paid, and Love Scooter will not be responsible for any additional costs incurred by the customer.
These conditions may be subject to change by express agreement between the parties (e.g. promotional campaigns, etc.).
The customer may reschedule their rental, subject to the availability of the motorcycle to be rented on the new dates and upon payment of a rescheduling fee. The fee is 15% of the total initial rental value and has a minimum value of 75 Euros.
9 DELIVERY AND RETURN
These are scheduled at the headquarters of Love Scooter, at Rua de Sá da Bandeira 630, 4050-618 Porto, during business hours, from Monday to Friday from 10:30 am to 7:30 pm. Love Scooter can provide delivery or pickup of the motorcycle on Saturday and Sunday, or at a different location upon payment of an additional fee calculated based on the distance from the said location to the headquarters of Love Scooter.
10 RENTAL TERM
The rental ends on the day, time, and location established in the specific terms of the contract. If the customer wishes to extend the rental period, they must contact Love Scooter at least 24 hours in advance. Love Scooter may or may not authorize the extension. If Love Scooter does not authorize the extension, and the customer does not return the motorcycle on the established day, time, and location, the disappearance of the motorcycle will be reported to the authorities and punished civilly and criminally.
11 LOVE SCOOTER RESPONSIBILITY
Love Scooter must deliver the motorcycle in good technical and safe condition for circulation. The customer must also receive the vehicle documents, chosen accessories, and tools. Love Scooter must check and accept any existing damage that is defined in writing on the damage form as part of the delivery procedure. If, even without the customer’s fault, it is necessary to make any repairs during the rental period to ensure the operation or proper functioning of the motorcycle, the customer must receive Love Scooter’s consent before proceeding with the repair. All other claims are excluded, regardless of any legal reason, unless the loss or damage to the customer is attributed to gross or intentional negligence on the part of Love Scooter.
12 RESPONSIBILITY OF CUSTOMER
The Customer is responsible for ensuring that they are legally authorized to drive a motorcycle. A valid license must be presented by the Customer. This license must be valid in the countries where the Customer will drive the motorcycle.
The Customer is responsible for all fines, penalties and legal charges for traffic violations or other legal offenses during the rental period. Love Scooter will charge the Customer any fine and has the responsibility to inform the authorities of the Customer’s identity and other information.
It is the responsibility of the Customer to ensure that the rented motorcycle:
a) will be used according to the manufacturer’s recommendations;
b) will be used in full compliance with the Road Code of the countries where it is driven;
c) will not be used negligently;
d) will not transport more passengers than its approved capacity allows;
e) will not be used in races or competitions;
f) will not be used for illegal purposes;
g) will not carry more weight than permitted by its hom.
13 DEDUCTIBLE OR GUARANTEE
Each motorcycle model has a specific deductible that can be left as a cash deposit at the start of the rental, or through a Credit Authorization on the client’s Visa, Mastercard or American Express credit card.
At the end of the rental contract, the indemnification for any damages to the motorcycle will be deducted from the deductible and the remainder will be returned to the client.
If an insurance claim has been reported for an accident, the full Deductible will be debited to the client until the process is resolved.
After the insurer’s appraisal and determination of responsibility, the client will be reimbursed for the remainder in the event of damages lower than the total Deductible.
The rental prices include mandatory third party liability insurance and accident damage insurance for damages exceeding the deductible valid in Portugal and Spain. If the Customer wishes to leave this territory, they must inform Love Scooter in writing, which must then provide the necessary mandatory insurance. The Customer is responsible for covering the costs of repair and replacement up to the value of their chosen deductible option (basic or plus).
In any case, the insurance conditions are null and void, and the Customer becomes responsible for all damages caused to the rented motorcycle if:
- The Customer abandons the site of an accident in which they were involved.
- The Customer does not immediately report the theft or disappearance of the motorcycle or accessories to the authorities and to Love Scooter.
- The rented motorcycle is intentionally damaged by the Customer or by someone for whom the Customer is responsible.
- The motorcycle is involved in an accident, and the customer does not notify Love Scooter as soon as possible.
- The motorcycle is driven under the influence of alcohol, drugs, narcotics, or other intoxicants.
- The motorcycle is driven in areas not authorized by Love Scooter, such as unpaved roads and race circuits.
- If they do not meet the requirements stipulated in point 12 of these Terms, regarding Customer Responsibility.
The insurance included in the rental price is as follows;
Motorcycles above 250cc;
Full coverage against all risks in case of damage, accident, fire or theft, with deductible (see deductible table).
Motorcycles below 250cc;
Third party insurance; Civil liability of € 6,000,000.00;
The client is responsible for paying for damages caused to the rented vehicle.
15 ADDITIONAL EXPENSES
Optional accessories such as GPS, helmets and motorcycle equipment are not covered by insurance, the costs for repair or replacement due to damage, loss or theft will be borne directly by the Customer.
To all notifications of fines, penalties and offenses of Customers received by Love Scooter, an administrative fee of 50 € will be added.
The motorcycle is rented by Love Scooter with its fuel tank full, and it must be returned in the same way. The return of the motorcycle without a full fuel tank implies a payment of 40€.
The motorcycle will be delivered by Love Scooter with tires, brake pads, and its general maintenance plan carried out by the official dealership network, ready for normal use and in perfect condition. In the case of rental periods longer than 15 days, the customer is responsible for checking the oil level and brake pads, and reporting to Love Scooter in case of excessive wear.
17 MECHANICAL FAILURE
In the event of a mechanical failure, the Customer must contact Love Scooter, providing their location accurately and with detailed information about the failure. If repair is necessary and possible, the Customer must obtain Love Scooter’s consent before proceeding with the repair. If repair is not possible, Love Scooter will try to replace the damaged motorcycle as soon as possible. Love Scooter will reimburse the rental value corresponding to the period in which the motorcycle was immobilized due to the potential failure. If for any reason replacement is not possible, Love Scooter will reimburse the Customer for the unused rental days. Love Scooter is not responsible for lost time due to accidents or mechanical failures that may delay, stop the Customer’s vacation or trip plans. In the case of mechanical failures caused by falls, accidents or negligent use by the Customer, the replacement motorcycle is excluded and the reimbursement for immobilization of the motorcycle is also excluded.
18 ACCIDENT OR DAMAGE PROCEDURE
In the event of an accident or damage, the Customer is required to immediately notify Love Scooter. Towing and/or repair services should only be called when Love Scooter’s consent is obtained. The police and emergency services must be notified immediately in the event of an accident. Evidence must be secured and a insurance statement must be completed together with each of the other involved drivers. Record their names, addresses, phone numbers, driving license numbers, and issuing authorities, brand, model, color, and vehicle registration details, insurance details (insurance company and policy number). The contact information of witnesses, braking marks, and all information that contributes to the correct and complete clarification of the sequence of events must also be collected.
Civil liability and collision or shock insurance are valid in Portugal.
Driving in other European countries may be authorized by Love Scooter, in writing. For some countries this may involve minimum rental periods or an surcharge to be borne by the Customer. If the Customer intends to drive the rented motorcycle in other countries, they must inform Love Scooter in advance at the time of booking. If Love Scooter becomes aware of an unauthorized departure from the authorized territory, the contract conditions are violated, resulting in the immediate cancellation of the insurance and the customer being held responsible for all damages and theft that may occur outside the territory authorized by Love Scooter, up to the total value of the motorcycle and accessories as new.
20 TOLLS AND TOLLS
All motorcycles in the Love Scooter fleet are equipped with an electronic identifier that allows the use of the Via Verde corridor on the highways of Portugal without the need to stop. The value of the toll / toll is electronically recorded and debited to the Love Scooter account. Later, this value will be charged to the customer. The use of this system has a cost of 1.00 € / day and gives a discount of 30% on the value of the tolls / tolls.
Love Scooter will deliver the corresponding keys for the operation of the motorcycle and luggage. No duplicates will be provided, the Customer is responsible for the security of the keys during the rental period and must return all keys at the end of the rental. Love Scooter is not responsible for any damages resulting from the loss, theft, or damage to the keys that may cause interruptions or premature termination of the contracted rental period. The loss of a key incurs a replacement key fee of 300€.
Love Scooter will deliver all necessary documents for the operation of the vehicle, including a copy of the rental contract, registration, proof of ownership, and proof of insurance. The Customer is responsible for this documentation during the rental period and must return all documents at the end of the rental. The loss of any of these documents incurs a replacement document fee of 100€ per document.
For security reasons, Love Scooter may install tracking devices on the motorcycles. Any attempt to disassemble or damage these devices will be reported to the authorities and punished by criminal law.
24 INTERNATIONAL AGENCIES
Love Scooter reserves the right to report contract breaches to regulatory bodies in the customer’s country of origin, including Serasa, SPC, Tax Authority and mediation agencies of the European Union.
25 COMPETENT COURT
Both the Customer and Love Scooter agree that any disputes arising from this contract will be resolved exclusively in the court of the Porto District, in Portugal.