Motorcycle Rental Agreement – General Terms and Conditions
Contracting Parties:
LESSOR: Tender Touch, LDA, legal person number 518174034, with headquarters at Estrada Nacional 10-1 Nº189 Loja, 2815-892 Sobreda, hereinafter referred to as RENT.MOTO.PT.
AND
LESSEE/CLIENT: The natural or legal person identified in the Specific Rental Agreement (hereinafter referred to as “Agreement”), who rents the motorcycle and assumes the responsibilities described herein.
Clause 1 – Purpose and Object of the Contract
1.1. RENT.MOTO.PT, a project of Tender Touch, Lda., has as its objective to provide motorcycle enthusiasts the opportunity to rent motorcycles and scooters of various segments. Our mission is to offer a high-quality driving experience, in excellent conditions, whether for tourism, leisure, or for those who wish to feel the thrill of riding a two-wheeled vehicle.
1.2. The present contract has as its object the rental without driver of the motorcycle (hereinafter “Vehicle”) identified in the Agreement, including its accessories and equipment, for the period of time and under the conditions here stipulated.
Clause 2 – Driver Conditions and Rental Requirements
2.1. Age and Driving License: The Lessee and any authorized driver must comply with the following minimum requirements:
- Vehicles up to 125cc (e.g., Honda PCX 125, Yamaha NMAX 125): Minimum age of 18 years and possession of a valid driving license of category A1 or B.
- Vehicles with engine displacement over 125cc: Minimum age of 21 years and possession of a valid driving license of category A.
- Vehicles with engine displacement over 700cc (e.g., BMW R1300GS, Yamaha Tenere 700): In addition to the above requirements, proven driving experience of at least 2 (two) years on motorcycles of similar characteristics and power is required.
2.2. License Validity: The presented driving license must be valid and recognized in Portuguese territory and in the European Union, and must be in accordance with the requirements of traffic authorities and the insurance company.
2.3. Verification and Refusal of Rental: RENT.MOTO.PT reserves the right to assess the driving experience of the Lessee. Rental may be refused and the contract canceled, without right to refund of any amount already paid, in the following situations:
- If the RENT.MOTO.PT team finds lack of experience or skill for the safe driving of the selected Vehicle.
- If the rental is made with the intention that the Vehicle be driven by a person not identified and authorized in the contract.
- In these situations, an administrative fee may be charged to the Lessee to compensate costs and business losses resulting from the reservation made in violation of the rules.
Clause 3 – Vehicles, Equipment, and State of Conservation
3.1. Fleet: The fleet of RENT.MOTO.PT consists of motorcycles and scooters advertised on the official website, rent.moto.pt, including but not limited to models like KTM Adventure 890 R Rally, Yamaha Tenere Rally 700, BMW R1300 GS, Honda PCX125, among others. The specific Vehicle rented is detailed in the Agreement.
3.2. Inspection and Damage Checklist:
- At the time of delivery, a representative of RENT.MOTO.PT, in the presence of the Lessee, will conduct a full inspection of the exterior and mechanical condition of the Vehicle.
- Any pre-existing damages (scratches, dents, defects) will be duly noted and photographed, being recorded in an “Inspection Checklist” document, issued in duplicate and signed by both parties. This document is an integral part of this contract.
- At the time of return, only damages not listed in the referred Checklist will be the responsibility of the Lessee.
3.3. Included and Extra Equipment:
- The base rental value includes one simple helmet with visor, whose replacement cost in case of loss or damage is €50.00.
- The Lessee may rent additional equipment, subject to availability and payment of the values stipulated in the extras table. The list of equipment and prices is available in the physical store and on the RENT.MOTO.PT website. Examples include:
- Full-face helmet: €5.00/day
- Gloves: €2.00/day
- Protective jacket: €5.00/day
- Phone holder: €3.00/day
- Insurance extension for Spain: €58.00/per 10 days
3.4. Responsibility for Equipment: In case of loss, theft, or damage of the extra rented equipment, the cost of repair or replacement will be charged to the Lessee. If this cost exceeds the security deposit, RENT.MOTO.PT reserves the right to demand payment of the remaining amount.
Clause 4 – Financial Conditions
4.1. Security Deposit:
- To guarantee compliance with the contract, a security deposit is required at the time of Vehicle pickup.
- The amount varies depending on the rented Vehicle model (e.g., €800.00 for a Honda PCX 125cc; €2,300.00 for a BMW R1300GS). The exact amount is specified in the “Requirements” section of each listing on the website and in the official price table.
- This amount will preferably be held via a credit card pre-authorization and will be released at the end of the rental, after checking the good condition of the Vehicle and compliance with all contractual clauses.
4.2. Fuel Policy:
- The Vehicle is delivered with a full fuel tank and must be returned in the same condition (“Full-Full”).
- If not returned full, a refueling service fee will be charged, along with the cost of the missing fuel, which will be deducted from the deposit. The fee varies depending on the Vehicle’s tank capacity.
Clause 5 – Usage Rules
Clause 4-A – Cancellation and Refund Policy for Online Reservations
Reserving a vehicle implies its immobilization for the selected dates, preventing RENT.MOTO.PT from making it available to other interested parties. In case of cancellation or alteration of the rental period by the Renter, the following conditions apply:
Refund Terms and Amounts (Cancellation Before Pickup):
More than 7 business days in advance: 100% refund of the amount paid.
Between 7 and 5 days in advance: 70% refund of the amount paid, with the remaining 30% retained as compensation for the loss of business opportunity.
Between 5 and 3 days in advance: 50% refund of the total reservation amount.
Less than 24 hours in advance or no-show: No refund.
Early Returns:
If the Renter decides to return the motorcycle before the date and time stipulated in the Rental Agreement, they will not be entitled to any refund or credit for unused days or hours.
Refund Methods:
For payments made via PayPal, the refund will be processed in the same way.
For payments made via Multibanco Reference (MB), the refund will be made via bank transfer, and the Renter must provide a valid NIB/IBAN.
Charges and Fees:
From all amounts to be refunded to the Renter, bank fees or transaction costs associated with the refund process will be deducted, these costs being the sole responsibility of the customer.
Exceptions:
As stipulated in Clause 2.3, if the rental is refused at the time of delivery due to lack of experience or skill of the driver, there will be no refund of any kind.
5.1. Mileage Limits:
- The rental includes a limit of 400 kilometers per day.
- The total permitted mileage is calculated by multiplying the number of rental days by 400. Kilometers that exceed this total will be charged at €0.49 per extra kilometer.
- The calculation is based on the difference between the odometer readings at pickup and return of the Vehicle.
5.2. Geographic Limits and GPS Monitoring:
- By default, circulation with the Vehicle is restricted to mainland Portugal.
- Leaving the national territory (e.g., to Spain, France, Italy) is only permitted with prior and express authorization from RENT.MOTO.PT and subscription to the corresponding insurance and roadside assistance extension.
- The Lessee is informed and expressly consents that all Vehicles are equipped with a geolocation system (GPS) for safety, theft prevention, and verification of compliance with the territorial boundaries defined in the contract.
- Violation of geographic limits constitutes a serious breach of contract.
Clause 6 – Insurance and Responsibility
6.1. Basic Insurance: All vehicles from RENT.MOTO.PT are covered by mandatory third-party liability insurance.
6.2. Own Damage, Theft, and Total Loss:
- Coverage for own damage, theft, or total loss may or may not be included in the base rental price. This condition is explicitly indicated in the “Included” field of each listing.
- If not included, the Lessee may purchase additional coverage (“Extras”) for a daily fee.
- In the absence of coverage for own damage/theft, the Lessee is fully responsible for all repair costs to the Vehicle or, in case of total loss or theft, for its market value, up to the amount of the deposit. If the damages exceed the deposit, the Lessee remains responsible for the full amount.
Clause 7 – Return of the Vehicle
7.1. Late Return:
- The Vehicle must be returned on the date and time stipulated in the Agreement.
- Late return implies charging of additional rental days, at the current rate.
- Additionally, if the delay prevents the Vehicle from being delivered to another client with a subsequent reservation, a penalty fee for unavailability will be applied.
7.2. After-Hours Return:
- Store hours are from 09:00 to 17:00.
- Return outside these hours is possible, upon prior notice and agreement with RENT.MOTO.PT.
- This service has an additional cost of €50.00, corresponding to the travel of a staff member to receive the Vehicle.
Clause 8 – Procedures in Case of Breakdown or Accident
8.1. In case of accident, mechanical breakdown or any other incident, the Lessee is obliged to contact RENT.MOTO.PT immediately and in the first place so that the assistance procedure may be activated.
8.2. If it is not possible to contact the store, the Lessee must directly contact the travel assistance number provided in the insurance policy, which is delivered together with the Vehicle’s documentation.
8.3. The Lessee must remain in permanent and available contact during the entire rental period.
Clause 9 – Obligations of the Lessee
9.1. The Lessee is responsible for the Vehicle during the entire rental period and undertakes to:
a) Use the Vehicle with the diligence of a good driver, respecting all rules of the Road Code and other applicable legislation.
b) Not use the Vehicle for illegal purposes, races, contests, sports events, or any activity that endangers its mechanical integrity.
c) Not sublease, transfer, or lend the Vehicle to third parties not authorized in the contract.
d) Ensure that the Vehicle is properly parked and locked with the provided security devices when not in use.
e) Not carry out any repair or mechanical alteration on the Vehicle without prior and written authorization from RENT.MOTO.PT.
f) Be solely responsible for the payment of all fines, penalties, toll fees, and other sanctions occurring during the rental period. RENT.MOTO.PT will charge an administrative fee for managing each of these cases.
Clause 10 – Termination of the Contract
10.1. RENT.MOTO.PT reserves the right to terminate the contract immediately and unilaterally and to recover the Vehicle at the Lessee’s expense, in case of breach of any of the clauses of this contract, namely:
a) Use of the Vehicle by an unauthorized driver.
b) Violation of established geographic limits without authorization.
c) Use of the Vehicle for illegal or negligent purposes.
d) Failure to pay due amounts.
10.2. In case of termination due to Lessee’s breach, no refund will be granted for any amounts already paid, including rental and deposit.
Clause 11 – Personal Data Processing
11.1. By entering into this contract, the Lessee consents that their personal data (name, contact, driving license number, etc.) be collected and processed by Tender Touch, Lda. for purposes related to rental management, billing, insurance handling, and legal compliance, in accordance with the General Data Protection Regulation (GDPR).
11.2. As stipulated in Clause 5.2, the Lessee acknowledges and accepts that the Vehicle is equipped with a geolocation (GPS) device for security purposes.
11.3. For more details about how your data is handled, the Lessee can consult the Privacy Policy available on the website rent.moto.pt.
Clause 12 – Dispute Resolution, Applicable Law, and Jurisdiction
12.1. This contract is governed by Portuguese law.
12.2. In case of any dispute arising from the interpretation or execution of this contract, the parties agree to seek an amicable solution.
12.3. If an amicable resolution is not possible, the parties may resort to alternative consumer dispute resolution entities, such as CIAB – Center for Consumer Information, Mediation, and Arbitration, and CNIACC – National Center for Consumer Conflict Information and Arbitration, as informed in RENT.MOTO.PT channels.
12.4. For the resolution of all issues not amicably or alternatively resolved, the competent jurisdiction is agreed to be the District Court of Lisbon, with express waiver of any other.
Clause 13 – Final Provisions
13.1. The Specific Rental Agreement (document signed at pickup), the Inspection Checklist, and these General Terms and Conditions constitute the full agreement between the parties, overriding any prior communication or agreement.
13.2. Any amendment to this contract or its annexes is only valid if made in writing and signed by both parties.
13.3. If any clause of this contract is declared null or unenforceable, such shall not affect the validity of the remaining clauses, which shall remain in effect.
