GENERAL CONDITIONS OF THE SCOOTER RENTAL CONTRACT WITHOUT DRIVER

I.     USE AND CONDITION OF THE SCOOTER:

·       The customer receives the scooter described in the contract, in perfect condition: working condition, tyres, accessories, undertakes to keep them and to drive the scooter in compliance with the rules of the highway code and in accordance with the specifications of use of the type of scooter. Only the person(s) identified and accepted by Lucky Rent A Scooter S.L. in the rental contract are authorized to drive the scooter.

·       It is prohibited:

1.    The use of scooters off tarmac and authorised roads.

2.    Varying any technical and/or physical characteristics of the scooter: keys, equipment, tools and/or accessories of the scooter.

3.    Carrying out repairs to the scooter without the express authorisation of the lessor.

4.    The transfer of the scooter on board any other type of vehicle.

5.    To leave the territory of the Autonomous Community of Andalusia; with the exception of scooters of 350 c.c. and above, being able to leave Andalusia only to enter and leave Gibraltar.

6.    Passenger transport for remuneration.

7.    Pushing or towing other vehicles or any other object, rolling or not.

8.    Participate in competitions, official or otherwise.

9.    Driving under the influence of alcohol, narcotics or in an impaired physical condition due to fatigue, illness or drugs. 

II.    AMENDMENTS TO THE RENTAL CONTRACT:

·        These General Terms and Conditions, as well as the remaining clauses of the rental contract, may only be modified by mutual written agreement signed by both parties.

·        If the cancellation is made with more than 24 hours notice, 100% of the amount paid for the reservation to be cancelled will be refunded.

·        If the cancellation of the reservation occurs without notice or within a period of less than 24 hours, taking into account the company's working hours for the attention of the notification, Lucky Rent A Scooter S.L. reserves the right not to make any refund of the money paid.

·       Lucky Rent A Scooter S.L. is not responsible for weather conditions.

III.   PRICE, DURATION AND EXTENSION OF RENTAL:

·       The rental price is the price stated in the rental contract and is established according to the General Tariff in force.

·        The rental price includes the costs of compulsory liability insurance, legal protection, personal accident insurance for the driver and roadside assistance. The deposit will only be refunded to the customer when Lucky Rent A Scooter S.L. is satisfied that the terms and conditions of this contract have not been violated.

·        After hours service will be charged an additional 35 euros.

·        The deposit will be returned in the same way in which it was paid, except in exceptional cases, and may be returned by bank transfer.

·        The deposit paid at the beginning of the rental period cannot be used to extend the rental period. Except with the prior consent of Lucky Rent A Scooter S.L., the customer may extend the rental period and agrees to pay the additional amount immediately.

IV.   PAYMENTS:

·        The customer agrees to pay to Lucky Rent A Scooter S.L:

1.    The tariff and services stipulated in the contract.

2.    Fines resulting from traffic offences.

3.    In the event that Lucky Rent A Scooter S.L. staff must travel to a municipal depot to recover a scooter that has been withdrawn for irresponsible driving or parking, the customer must pay the amount of 50€, the towing service and the time the scooter remains in the depot.

4.    The amount of the damage and/or theft suffered totally or partially on the scooter according to the DAMAGE CHARGES TABLE. In case of having the basic insurance, the maximum amount will be the amount established according to the scooter model in the BASIC INSURANCE TABLE. If the LUCKY insurance has been taken out, the client will only have to pay the amount of the excess stipulated according to the scooter model in the LUCKY INSURANCE TABLE.

V.     SCOOTER INSURANCE, THEFT, DAMAGE AND BAIL:

·        The rental price includes compulsory liability insurance, legal protection, driver's personal accident insurance and roadside assistance.

·        It does not include insurance against theft, total or partial loss, damage to the scooter or is luggage and/or goods, whether due to vandalism or traffic accidents.

·        The customer must assume the charges for damages according to the scooter model stipulated in the DAMAGE CHARGES TABLE, being the maximum amount to be paid the one established in the BASIC INSURANCE TABLE.

·        If the LUCKY insurance policy has been taken out, the scooter will be covered for complete theft and damage in the event of attempted theft, fire, damage caused by collision, overturning, malicious acts of third parties and meteorological phenomena. The customer shall pay for the damage caused in accordance with the DAMAGE CHARGES TABLE, the maximum limit being the excess stipulated in the LUCKY INSURANCE TABLE according to the scooter model. This excess will be deducted from the amount paid as a deposit. In order to make use of these conditions, the client must present the scooter key, the accident report correctly completed and/or the police report, as the case may be.

·        The client exempts the lessor and the insurer, except for the contracted coverage, from all liability for any damage that may be suffered, both physical and material, derived from the normal or abnormal use of the rented scooter. The client expressly declares that he/she is aware of the risks that may arise from the use of the scooter. 

VI.    ROADSIDE ASSISTANCE:

·        In the event that the scooter can no longer be driven or cannot be started, the customer must call the lessor for roadside assistance. The customer agrees not to leave the scooter until the tow truck or an authorised person arrives.

·        The full towing fee will be charged to the customer in the event of: improper use of the scooter, loss or breakage of keys or helmets, lack of fuel or improper refuelling, rescue of the scooter in places and/or on unpaved roads unsuitable for driving, any other error, negligence or misuse of the scooter by the customer. 

VII.   FUEL:

·       The customer must return the scooter with the same amount of fuel with which it was delivered. No refunds will be made for fuel overfilled by the customer. The fuel used shall be 95 OCTANE GASOLINE. In case of use of unsuitable fuel the customer will be responsible for any damage caused to the scooter. 

VIII.   INCIDENCIES:

·        In the event of an incident, immediately contact the lessor, submit a correctly completed accident report, do not leave the scooter without taking appropriate measures to protect and safeguard it, immediately forward to the lessor and the insurer any summons, writ or notification relating to the incident, cooperate fully with the insurer in the investigation and defence of any claims and proceedings, and file the respective police report as the case may be.

IX.   EARLY TERMINATION OF THE CONTRACT:

·        The breach of any of the clauses of this contract by the client shall entitle the lessor to terminate the contract with immediate effect, and the lessor may demand the delivery of the scooter without the obligation to return the amount of the days not used.

X.    COMPUTER PROCESSING OF PERSONAL DATA:

·       The customer authorises the automated processing of the personal data collected in this contract, necessary for the provision of the agreed service, as well as for the offer and contracting of other products and other services of Lucky Rent A Scooter S.L. The customer is informed of the right to access, rectify and, if necessary, cancel their personal data by sending an e-mail to customerservice@luckyrentascooter.com 

XI.   APPLICABLE LAW AND JURISDICTION:

·        This contract shall be governed by and construed in accordance with Spanish law. The questions that arise in connection with this contract between Lucky Rent A Scooter S.L. and the customer, are within the jurisdiction of the Spanish courts and tribunals corresponding to the city where the contract was signed, to which both parties submit, being the fiscal address of the lessor in Calle Carmen Montes 71-72, Torremolinos, 29620, Malaga.

DAMAGE CHARGES TABLE**

*Minimum charge, subject to prior assessment.

**Damage not listed in the table will be subject to assessment.

Insurance

*In the event of a clarim with basic insurance and bonding.

** Maximum payable in case of claims with Lucky Insurance.