Prestige Motorcycle Rentals LLC, P.O. Box 214881, Dubai, UAE
Motorcycle Rental Agreement Terms and Conditions
1. Definitions. "Agreement" means all terms and conditions found in this form. "You" or "your" means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" , the Company or "us" means the independent business named on the reverse side of this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid motorcycle driver's license and, is at least 25 years of age unless the age restriction is changed elsewhere in this Agreement. "Motorcycle" means the motorcycle identified in this Agreement and any motorcycle we substitute for it, and all its tires, tools, accessories, equipment, keys and Motorcycle documents. "Physical Damage" means damage to, or loss of, the Motorcycle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Motorcycle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. "Loss of use" means the loss of our ability to use the Motorcycle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Motorcycle is damaged until it is repaired, times the daily rental rate.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Motorcycle. We may repossess the Motorcycle at your expense without notice to you, if the Motorcycle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Motorcycle. We make no warranties, express, implied or apparent, regarding the Motorcycle, no warranty of merchantability and no warranty that the Motorcycle is fit for a particular purpose.
3. Condition and Return of Motorcycle. You must return the Motorcycle to our rental office or other location we specify, on the date and time specified in this agreement, and in the same condition that you received it, except for ordinary wear.
If the Motorcycle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Motorcycle until we inspect it upon our next opening for business. Service to the Motorcycle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels.
4. Responsibility for Motorcycle Damage or Loss; Reporting to Police. You are responsible for all damage to the Motorcycle, including the cost of repair, or the actual cash retail value of the Motorcycle on the date of the loss if the Motorcycle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Motorcycle, loss of use, diminished value of the Motorcycle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. This clause is applicable for renters who have Third Party Liability insurance only and accepts this condition . INITIAL:____________. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Loss Of Rental Period; In case of any accident or any damage caused by renter of the motorcycle, the renter accepts that any unused portion of the remaining rental period will be forfeited (lost). INITIAL:____________
6. Conditions not necessarily covered by our Insurance. The Renter will be responsible for all costs and charges if damage to the Motorcycle:
(a) is caused by anyone who is not an Authorized Driver, or by anyone whose motorcycle driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Motorcycle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Motorcycle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation ; (e) occurs while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive a motorcycle; (f) occurs while carrying dangerous or hazardous items or illegal materiel in or on the Motorcycle; (g) occurs outside the geographic limitations indicated on the reverse; (h) occurs as a result of driving the Motorcycle on unpaved roads; (i) occurs and the odometer has been tampered with or disconnected; (j) occurs when the Motorcycle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Motorcycle; (k) is a result of your wilful, wanton or reckless act; (l) occurs and you fail to summon the police to any Motorcycle accident involving personal injury or property damage.
7. Insurance. You agree to pay the first 5,000 AED (within UAE) or the first 8,000 AED (outside UAE) towards any damage regardless of who’s at fault in the event of an accident. You are responsible for all damages or losses you cause to others in areas not covered by our insurance. INITIAL:_____________
8. Charges. You will pay on demand, all charges due under this Agreement, including: (a) time and mileage for the period during that you are in possession of the Motorcycle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Motorcycle with less fuel than when rented; (e) applicable taxes when applicable; (f) all parking, traffic and tolls (Salik) , forfeitures, court costs, towing, storage and impound charges and other expenses involving the Motorcycle assessed against us or the Motorcycle, unless these expenses are our fault; (g) all expenses we incur in locating and recovering the Motorcycle if you fail to return it or if we elect to repossess the Motorcycle under the terms of this Agreement; (h) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) 500 AED, plus AED 5/ kilometre for every kilometre between the renting location and the place where the Motorcycle is returned or abandoned, plus any additional recovery expenses we incur; (k) 100 Aed or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (l) a reasonable fee not to exceed AED 150 to clean the Motorcycle if returned substantially less clean than when rented.
9. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
10. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Motorcycle or in any service Motorcycle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
11. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Motorcycle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.
12. Modifications. No term of this Agreement can be waived or modified unless in writing and approved by our company. If you wish to extend the rental period, you must return the Motorcycle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and the Company. All prior representations and agreements between you and the Company regarding this rental are void.
13. Miscellaneous. A waiver by the Company of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
I, the undersign agree to the above terms and conditions relating to my Motorcycle Rental Agreement. I also agree to pay all repair costs or replacement of motorcycle if have an accident and under the influence of drugs or alcohol
Signature: ___________________________________ (Print Name _____________________________) Date: ___________________________