Conditions générales de location

The following Legal Terms and Conditions regulate the use of the website www.rentalmotorbike.com and the conditions for purchasing the products and contracting the services offered through it. The access and browsing of this website (hereinafter, Website) and the contracting of any of the products and services reserved, implies the acceptance as a user of each and every one of the terms, communications, conditions, and other legal notices contained in this present document.

1.GENERAL TERMS AND CONDITIONS OF USE

1. GENERAL INFORMATION OF THE COMPANY

This website is owned by NEXT MOTORBIKE, SL, with the address at Pica d'Estats street, number 30, Sant Fruitós del Bages, 08272, Barcelona, Spain, and registered in the Mercantile Registry of Barcelona, in volume 40.716, folio [90], sheet no. B-372607 inscription 1ª, with CIF number B-66170689, (hereinafter "RMB").

RMB operates through the Website, providing intermediation services in the following countries with an enunciative and non-limiting nature: Argentina, Armenia, Australia, Austria, Belgium, Burkina Faso, Cambodia, Canada, Chile, China, Colombia, Costa Rica, Croatia , Cyprus, Czech Republic, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kyrgyzstan, Laos, Lithuania, Malaysia, Malta, Mexico, Mongolia, Montenegro, Morocco, Namibia, Nepal, Holland, New Caledonia, New Zealand, Nicaragua, Panama, Peru, Poland, Portugal, Romania, Russia, Senegal, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukraine, United Kingdom, United States, Uruguay and Vietnam (hereinafter, the "Territory").

RMB makes available to the users the following contact form, https://www.rentalmotorbike.com/contact (hereinafter, "Website") and the customer service numbers +34 910 052 345, with hours of attention to the public from Monday to Friday from 8:00 a.m. to 8:00 p.m. (UTC + 1). In any case, access to www.rentalmotorbike.com by any Internet User implies the acceptance and compliance of these present Terms of Use (hereinafter, "TU") and any other particular condition of the product or service reserved. Consequently, prior to accessing and / or using of said contents, the User must carefully read the TU. For the purchase of the products or services reserved on the website, through the Reservation search service and its formalization, RMB will provide on the web, in advance, the specific conditions of the same, understood as "specific conditions / customer voucher" " the following data:

Reservation number, date and time of pick up, date and time of return, number of days, cylinder capacity of the vehicle, deposit, availability, daily limited mileage, physical address of pick up and return of the vehicle, telephone and email of the collaborator, extras contracted, insurance in case of its contracting and cancellation policy. Those being considered as particular conditions that must be expressly accepted by the User and that will constitute an integral part of these present Legal Conditions.

2. SERVICE DESCRIPTION

RMB is a web platform for the intermediation of vehicle tours and rental services, in particular, of motorcycles of all cubic capacity, by the company NEXT MOTORBIKE S.L. The website offers its Users the possibility of enjoying the rental service of motorcycles and products offered by a certain of the associated collaborators (with an enunciative and non-limiting character: travel packages and insurances) for an established period of time and valid within a determined territory (hereinafter, the "Reservation").

RMB does not provide any of the reserved services, nor does it own the reserved vehicles.

3. USERS

3.1 Visitors

www.rentalmotorbike.com is a free access and free visit website, accessible by all Internet users, without the need to register until the start of a purchase or the request for a Reservation budget (hereinafter, "Visitors").

3.2 Registered User

Users who want to Reserve or hire any of the services offered by RMB COMPLETE SERVICES, must provide their data before making the Reservation, in the following url, https://www.rentalmotorbike.com/datos/datos, which can be accessed by completing at least the mandatory fields marked and sending the form of the "Continue" section or any other form sent by RMB directly or through third parties (hereinafter, "Registered User").

The Registered User expressly consents, with the acceptance of these present TU, to receive all our newsletters with the Reservations and discounts available.

4. WEBSITE ACCESS AND BROWSING. OUR CONTENTS.

4.1 Website Content

The Registered Users, and the Visitors ("User/s", in general) are fully responsible for their conduct when accessing the information on the website, while they are browsing it, and after they have accessed it as well. The User commits to diligently and faithfully observe the recommendations RMB establishes at the time, regarding the use of the Website.

The User undertakes and commits not to use any of the contents that RMB places at their disposal, whether or not developed by RMB, published or not under its name in an official manner, in order to carry out activities against the law, morality or public order. Those who access the Website must observe the appropriate legislation, the ethical or conduct codes that may be subscribed, and the general rules of use of the website. According to these, they will refrain from carrying out conducts that, merely by way of enunciation and not exhaustive to:

• contravene, disparage or attempt against the fundamental rights and public liberties recognized constitutionally, in international treaties and in the rest of the legal system;

• induce, incite or promote criminal, slanderous, defamatory, stigmatizing, violent actions or, in general, contrary to the law, morals and to generally accepted good customs and practices or to the public order

• Induce, incite or promote actions, attitudes or discriminatory ideas based on sex, race, religion, beliefs, age or condition;

• incorporate criminal, violent, pornographic, degrading or, in general, contrary to the law, morals and to generally accepted good customs and practices or to the public order;

• induce or may induce an unacceptable state of anxiety or fear;

• Induce or incite involvement in dangerous, risky or harmful practices for health and psychic balance;

• are false, ambiguous, inaccurate, exaggerated or extemporaneous, in a way that could mislead their purpose or the intentions or purposes of the communicator;

• are protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the authorization by its holders necessary to carry out the use he/ she makes or intends to make;

• violate the business secrets of third parties;

• are contrary to the right to honor, to personal and family privacy or to the person's own image;

• violate the regulations on the secrecy of communications;

• constitute illicit, deceptive or disloyal advertising and, in general, that constitute unfair competition;

• provoke, due to their characteristics (such as format, extension, etc.) difficulties in the normal operation of the service or breach the technical requirements or specifications established for accessing the Website;

• or that in any way may damage, disable or impair the web or its services or prevent the normal enjoyment by other users.

The User shall be liable for damages that RMB may suffer as a result of the breach of any of the obligations herein determined.

RMB reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, in a temporal or permanent manner, as well as denying access to the website to Users who misuse the contents and / or breach any of the conditions that appear in these TU, without this in any case generate any right of compensation or redress for the User who is denied access.

• Users' responsibility regarding the content generated on the Website

Users are solely responsible for the content that they pour on the website, especially when it is false, malicious or defamatory, if it infringes intellectual or industrial property rights, or if it contains illegal material and infringes, or favors the infringement, of any law or regulation. Likewise, Users acknowledge that they have the necessary rights or authorizations about the content they download on the website and, in addition, they authorize RMB to make use of the aforementioned content. In no case does RMB sponsor in any way or support the content downloaded by any User. Users must respect and comply in all cases with these conditions of Use of the Website and agree not to use the contents of RMB, abstaining from conduct expressly prohibited in the terms set forth in this sixth heading.

4.3 Use by RMB of the content generated by Users on the Website

The Users empower RMB to use the content that they themselves send to the Website; that is what Users grant RMB, without any exclusion, all rights, free of royalty of the contents generated by them on the RMB Website, being able to license and sublicense, transfer and assign, as well as empowering RMB to publicly display it , give it a new format, incorporate it into advertisements and other works, create derivative works, promote it, distribute it and allow others to do the same in connection with their own websites and other multimedia platforms. The User, through the present CU, irrevocably waives any claim or demand against RMB of moral rights or attribution regarding the aforementioned content.

4.4 Ownership of the content generated on the Website

Users are the sole owners of the content posted by them on the Website. For its part, RMB owns the web's own content, which includes, but is not limited to: visual interfaces, interactive functions, graphics, design, compilation, programming code, products, software, set of comments by Users and other elements and components of the Site, excluding the User's own content and the content generated by third parties.

RMB holds the ownership of the copyright, trademarks, service marks, trade names and other intellectual and industrial property rights associated with the content of the website owned by RMB, which are protected by copyright laws, commercial image, patent, trademark and the rest of the rights and laws of intellectual and industrial property. The User can not modify, reproduce, distribute, create derivative works of the RMB content or adaptations, publicly display it or in any way exploit it in part or in its entirety, unless it is expressly authorized by RMB. RMB does not grant the User any express or implicit right over the content of the Website.

4.5 Website Content Guidelines

RMB allows Users to contribute with different types of content, including comments, ratings, recommendations and / or advice. We ask Users to read and respect the rules of use of the web that are detailed below, in order to try to ensure the peaceful use and enjoyment of all users of this website:

• Inappropriate content: From RMB we consider that threats, harassment, lewd expressions, hate messages and other signs of intolerance are not necessary or appropriate to the environment that we want to promote.

• Impartiality: The contributions of Users must be impartial and objective. For example, Users who, in turn, promote their services through the web, should not write reviews about their own business, about the company where they work, about the business of friends or family, about the competition of their sector or about the businesses that are part of their network. Business owners should not ask customers to write reviews.

• Purpose: The purpose of RMB through the possibility of commenting the advertising services and products is that these contributions are relevant and appropriate for the forum at issue. We want to avoid comments or reviews about political ideologies, or issues that do not relate to the consumer's experience.

• Intellectual property: We beg Users not to appropriate the content of other sites or Users. Reproductions or copies of material published by another User are not allowed.

• Privacy: We ask Users not to publish private information and personal data of other people.

4.6 Notifications or Withdrawal of content.

RMB provides its Users with a procedure for notification and withdrawal of content. In the event that the User has any complaint or objection about the content of the website, including messages or comments from other Users or in the event that the User considers that the material published on the website violates any industrial or intellectual property right of their Ownership, RMB puts at their disposal the following url: https://www.Rentalmotorbike.com/contact. Once the complaint or objection has been notified, RMB will carry out the pertinent procedures and investigations so that, if applicable, the contents are removed within a reasonable period of time.

4.7 Restrictions

From RMB we encourage our Users to let us know if they believe that another User has violated these conditions. In any case, RMB reserves the right to investigate and undertake, unilaterally, the actions it deems appropriate. On the other hand, the Users of the website accept, by accessing it, the following restrictions on the use of the website: Not to use, nor to help, encourage or facilitate the use of the web to:

• Violate our basic content standards, for example, by writing false or defamatory comments, compensating or seeking compensation for writing or deleting a comment, as well as requesting information from minors, sending pornography, threatening, harassing others, or encouraging racism or discrimination.

• Infringe any rights of third parties such as copyright, trademark, patent, trade secret, right of privacy or any other intellectual property right. This shall also include any action that involves modifying, adapting, appropriating, reproducing, distributing, translating, creating derivative works of the web or its content or adaptations thereof, as well as publicly displaying, selling, commercializing or exploiting the web or its content (except for the content of each user and unless it is expressly authorized by RMB).

• In the same sense, delete or modify any notice of copyright, trademark or other property rights that appear in any fragment of the web or any printed material of the same.

• Access, retrieve or index any fragment of the web with the aim of building or establishing databases of business comments.

• Attempt to obtain unauthorized access to the web, User accounts, computer systems or networks connected to the web through hacking, extraction of passwords or any other means.

• Use the web or any content thereof to transmit any virus, worm, defect, Trojan or other computer element of a destructive nature (collectively, "Virus").

• Use the web to infringe the security of any computer network, crack passwords or security encryption codes; destabilize or interfere with security the web. Eliminate, evade, disable, damage or interfere with the web security functions, functions that prevent or restrict the use or copying of the web content or functions that impose limitations on the use of the same.

• Send junk emails, surveys or other mass messaging, whether it is commercial or not.

• Register, process or extract information about other Users.

• Violate any applicable Law.

The above restrictions only apply to the scope allowed by the law in force. However, the User agrees not to act against it, even though being permitted by current law, committing to notify 30 days in advance, providing any necessary information so that we can offer alternatives or satisfy the User in any other way. at our discretion.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

"RMB" is a registered trademark, therefore it is expressly forbidden any use by third parties of it, or any similar identifying sign that may lead to confusion about its origin or ownership, without prior written authorization from RMB. In the same way, the Web is a domain registered by RMB, this domain can not be used, unless prior express authorization, in connection with other services that are not RMB in any way that may cause confusion among our customers or discredit of RMB.

RMB holds all rights of content, design and source code of this website and, in particular, with an enunciative but non-limiting nature, about photographs, images, texts, logos, designs, trademarks, commercial names, buttons, files of software, color combinations and data that are included in the web. Users are warned that such rights are protected by the current Spanish and international legislation regarding intellectual and industrial property. In no case does access to the Website imply any type of waiver, transfer or total or partial cession of the rights granted by Spanish and international legislation on intellectual and industrial property.

Likewise, and without prejudice to the foregoing, the content of this website is also considered to be a computer program, and therefore, all applicable Spanish and European Community regulations on the subject also apply. It is totally forbidden to reproduce (except the temporary download from the Website to the hard disk of the User's computer or to the proxy servers), copy, use, distribution, reuse, exploitation, making second copies, sending by mail, transmission, modification, assignment or any other act that is made with all or part of the information contained in this website that has not been expressly authorized by RMB.

The User undertakes to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from deleting, avoiding or manipulating the copyright and other identifying data of the rights of RMB or its holders incorporated into the contents, as well as technical protection devices or any information mechanisms that may be included in the contents. Likewise, the User will refrain from using the contents and, in particular, the information of any kind obtained through the Website to send advertising, commercial communications, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to abstain from marketing or disclosing in any way said information.

RMB informs that it does not grant any license or implicit authorization on the rights of intellectual and / or industrial property or on any other right or property related, directly or indirectly, with the contents included in the web.

6. PERSONAL DATA PROTECTION

RMB declares that it complies with current regulations regarding data protection, in particular the Organic Law 15/1999, of December 13, on the Protection of Personal Data and Royal Decree 1720/2007, of December 21, which develops the aforementioned organic law, in compliance with which we inform you that your personal data will be incorporated and will be treated in the RMB files, in order to be able to render and offer you our services. The User may exercise the rights of access, rectification, cancellation and opposition at the address and before RMB. For more information you can consult our privacy policy.

7. RMB'S RESPONSIBILITY

7.1 Responsibility regarding content

The descriptions of the products or services reserved on the Website are made based on the information provided by the RMB Collaborators or Users and most of the photographs and images contained in the descriptions of the Reservation are provided to RMB directly by said Collaborators or by the Users.

The photographs or videos related to the products and services and the trade names, trademarks or distinctive signs of any kind contained on the RMB website are about the actual products or services Reserved and offered for sale in order to provide the most information about the product or service and its characteristics.

RMB rejects any responsibility about the information not elaborated directly by RMB or not published in an authorized manner under its name, as well as the liability originated by the misuse of the contents. RMB also reserves the right to update, eliminate, limit or deny access to them, in a temporal or definite manner.

Part of the web can host advertising content or be sponsored. The advertising companies or sponsors are the only ones responsible to make sure that the submitted material for its inclusion in www.rentalmotorbike.com complies with the laws that in any an each case can be applicable. RMB will not be liable for any error, inaccuracy or irregularity that may be contained in the advertising content or of the sponsors.

Due to availability issues of the Reservation, RMB reserves the right to modify its prices at any given moment. The Products will be charged to the Client at the price announced at the time Reservation’s confirmation. The prices will be valid except in the case of typographical error or until the lack of stock.

8. MODIFICATION OF THE TERMS OF USE

RMB reserves the right to modify, at any time, the presentation and the configuration of the Website, as well as these TU. Therefore, RMB recommends to the Registered User and the Subscribed User to read them carefully every time they access the Website. The Registered Users and the Subscribed Users will always have the TU at their disposition in a visible place, freely accessible for as many consultations as they wish. In case that any of these present clauses is declared null, the rest of the clauses will remain in force and will be interpreted having into account the willingness of the parts and the purpose of these present TU. RMB will be able to not exercise some of the rights and powers conferred in this document which will not imply in any case the foregoing of those unless expressly recognized by RMB or prescription of the action that in each case corresponds.

9. APPLICABLE LAW AND JURISDICTION

These TU are governed by the Spanish law. The present Terms and Conditions are subject to the provision of the Law 7/1998, on General Contracting Conditions, Royal Legislative Decree 1/2007, of Consumers and Users, the Royal Decree 1906/1999, which regulates the Telephonic or Electronic Contracting, to the Organic Law 15/1999, of Protection of Data of Personal Character, to the Law 7/1996, of Ordination of the Retail Trade, and to the Law 34/2002, of Services of the Society of the Information and of Electronic Commerce. In accordance with article 29 of Law 34/2002, of July 11th, on Services of the Information and Electronic Commerce Society, contracts entered electronically in which a consumer participates as a party, shall be presumed to be celebrated in the place where he/ she has his/ her habitual residence. Electronic contracts between businesspeople or professionals, in the absence of a pact between the parties, shall be presumed celebrated in the place where the service provider is established. In case of dispute arising from these general conditions and for the resolution of conflicts, the parties submit, at their own discretion, and waiving any other jurisdiction, to the courts of the User's domicile. Lastly, we inform you that the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their claims through the online dispute resolution platform.

2. GENERAL CONDITIONS OF SERVICE CONTRACTING

1. INFORMATION ABOUT THE RESERVATION

Each Reservation will include the specific parameters, details and conditions of the services and/ or products reserved and the use of the “Voucher”. Specifically, it will contain the specific and necessary information for the enjoyment of the Reservation, the validity period, the location or place of enjoyment, and in an exclusive informative manner of the requirements, restrictions, limitations or technical warnings that will be considered as particular conditions and that must be expressly accepted at the moment of the purchase by the Registered Users.

The description of the products or services reserved on the Website are made based on the information provided by the RMB providers (hereinafter, referred to as “Collaborator/ Collaborators”). RMB rejects any responsibility about the information not developed directly by RMB or not published in an official manner by it, as well as the liability arising from the misuse of the contents, as well as reserving the right to update, eliminate, limit or deny the access to them, in a temporal or permanent manner.

Every purchase made by the Registered User requires the acceptance of the General Contracting Conditions (hereinafter, "GCC") and expressly implies the knowledge and acceptance of the particular conditions and details of the services and / or products of the reserve.

2. PRICES

In all Reservations, the price of the products and / or services is indicated. The prices presented on the Website include VAT and other taxes that may apply.

3. AVAILABILITY AND DURATION OF THE RESERVATION

RMW is a web platform for motorcycle immediacy services. All updated information about the availability and duration of the Reservation will be available to the Registered Users on the web for the validity of the Reservation, in the section “My Reservation”. In the particular conditions of the Reservation, the Registered Users will be indicated, among other things, from which moment they will be able to use the Voucher, as well as the period of validity of it.

4. SECURITY AND PAYMENT

4.1. Payment

The amount of the transaction will be charged to the credit or debit card provided by the Registered User (Visa, Mastercard, American Express, Visa Electron and / or other similar cards) or in his / her PayPal account, at the time of purchase. . At the moment of placing the order and / or acceptance of the Reservation, the Registered User will provide the credit or debit card details, the expiration date, the CVV2 / CVC2 (the three (3) security digits that appear in the back of the card), as well as the name of the cardholder. In the payment through the PayPal service or account, the Registered User will be redirected to the official PayPal website to enter the payment method and the necessary data for its effectiveness. Likewise, in the payment made by credit card, the Registered User will be redirected to a secure environment owned by Redsýs (service platform specialized in electronic commerce and authorized by our Company). RMB does not store information regarding the bank details of the Registered User. In any case, for each purchase, the Registered User must provide the requested information that will be processed through "secure payment gateways on-line" through Redsýs.

4.2. Security

RMB has the highest security measures commercially available in the sector. Furthermore, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible to the Registered User's computer and the Website's computer. In this way, using the SSL protocol guarantees:

• That the Registered User is communicating his / her data to the RMB server center and not to any other one that tries to impersonate it; and

• That between the Registered User and the RMB server center, the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.

• The banking entities with which RMB has signed agreements for the provision of the payment service through what is known as "secure payment gateway on-line", are the only ones that can access this data as a management of payments and collections. When a payment is made, the Registered User is directed to the secure interface (https) of the bank, where the card data is entered and the transaction is validated, inaccessible by third parties.

RMB will be able to cancel payments and / or orders, in the event that our presumably fraudulent behavior detection systems catalog the transactions made and / or the means of payment used as susceptible to being considered as such. RMB may share the information it has about the User, which necessarily includes personal data and purchase history, among other data, with the competent authorities, in order to stop any possible criminal activity and collaborate in investigations related to prevention of fraud. Likewise, in the event that it becomes necessary, RMB may verify by any means it deems appropriate those User accounts that are under suspicion.

5. PRODUCTS AND SERVICES

5.1. Introduction

As a reminder, no RMB action should be considered as an acceptance of other terms or conditions different from those set forth herein. The verbal acceptance of the services or the signing of any of the agreements will be considered conclusive proof that you, as User, accept the terms of the General Conditions of RMB. When our collaborators provide you with a motorcycles, as a User, RMB is acting at all times as an intermediation platform and not as a service provider. At no time is the Collaborator providing the service linked or subordinated to RMB.

Although RMB constantly strives to keep the information on its website updated, it is not responsible for the accuracy of such information. The Collaborators, suppliers or agents who intervene in the provision of the service will not be responsible either. It is at all times, the responsibility of the User to evaluate the accuracy, integrity and usefulness of all the information provided to our website.

RMB will not be responsible for any charges arising from the signing of agreements in the rental office. RMB will not be liable for any person who, in an enunciative and non-limiting manner, drives under the influence of alcohol or drugs or causes voluntary damage, drives on unpaved roads or without the care and attention required. The User will accept all responsibility in relation to these allegations.

The pick up of the vehicle will be considered made from the moment in which the Registered User appears at the Collaborator's facilities on the day and at the time agreed on the Voucher, and the delivery of the motorcycle by the latter becomes effective. The pick up of the vehicle by the User must be done in a timely manner according to the dates and times established in the Voucher. There will be up to 2h of margin, to collect the motorcycle. After this time, the Collaborator and RMB reserve the right to cancel the Reservation, without refund to the Registered User. The Registered User is recommended to check the good condition of the vehicle before the Collaborator / service provider. In the event of detecting any incident at the time of the effective delivery of the vehicle (for example, but not limited to: bad condition of the vehicle, absence of any of the contracted accessories, among others) we beg the Registered User to inform the Collaborator, and in case your requests are not answered, we recommend that you immediately contact RMB to communicate the incident to the RMB Customer Service Department by calling +34 910 052 345 or by sending an email to [email protected].

Currency exchange. The reservation fee will be charged with the reference currency at the exchange value of the day of the place where the service is provided. In case of currency exchange, the change of the day of the reservation shown in the Voucher will be used.

The provision of the service acquired will be made exclusively by the Collaborator, according to the particular conditions established on the Reservation, establishing the legal relationship of provision of the service between the buyer / Registered User and the Collaborator. RMB, as an intermediary, will not be responsible for the service provided. In the Reservation Voucher, defined in clause 7, which will be provided, you will find the information of the Collaborator so that you can contact them directly.

When the User reserves a motorcycle through this website, he / she expresses that he / she has read, understood and accepted the corresponding terms. If there is a section that you do not clearly understand, or have any questions about the rental of motorcycles, you can contact us through the RMB Customer Service Department, by calling +34 910 052 345 or sending an email to [email protected].

RMB reminds you that, as a Registered User, you will be ultimately responsible for consulting the particular regulations of each country and acting in accordance with it.

5.2. Policy of the provision of services

Each Collaborator or rental company with which RMB works has its own service policy, which we recommend that you consult prior to the Reservation and that you should demand at the time of withdrawal of the vehicle / motorcycle. However, as a reminder and suggestion, RMB indicates the following information that must be taken into account when hiring and booking the RMB rental services:

5.2.1. Vehicles with limited availability or under confirmation:

RMB works at all times to offer the motorcycle of the brand and model chosen in the platform, for the selected location, and during the indicated period of time. However, it can happen that, for certain models, it is not possible to ensure its availability at the time of making the reservation. In these cases, the Registered User will receive an email confirming availability of the motorcycle within a maximum period of 72 working hours from the time the Reservation was made.

In the case of not having the selected brand and model selected at the time of making the Reservation, RMB will try to propose an alternative motorcycle for its subsequent evaluation and acceptance. In the event that the Registered User does not accept the alternative motorcycle offered by RMB, the Reservation will be canceled without any RMB claim to the Registered User.

It is important to keep in mind that the Reservation does not have validity until it is confirmed through the Voucher, which can take up to 72 working hours to be obtained from the moment Reservation is made.

5.2.2. Possible changes of motorcycle before its reception.

If the User, once at the offices of the Collaborator or Service Provider, is not satisfied with the quality, brand or model of the motorcycle offered, he / she must inform RMB before withdrawing it.

Even if the reservation is confirmed, it may happen that due to force majeure, such as mechanical breakdowns, theft or other unforeseeable circumstances, the Collaborators can not offer the chosen category, brand and / or model, as well as any other service contracted.

RMB will endeavor to ensure the delivery of the motorcycle that the User has contracted, and if not possible, will ensure that the Service Provider delivers another of similar characteristics, and if this were not possible, and the delivery was from a motorcycle of lower category, the difference will be credited in favor of the User.

5.2.3. Suggested requirements for the effective delivery of the vehicle / motorcycle.

By way of example and not limitation, RMB sets out the requirements to which the User could be affected for the effective delivery of the motorcycle to the Service Partner:

1. a) Accreditation of the minimum necessary age and license or driving license valid until the last day of rental, valid for the country in which it is made and valid passport if necessary. If you have doubts about the validity of your driving license in the country of destination, consult the information in the Voucher or with our customer service.
2. b) Minimum necessary experience, depending on the model and the type of driving to which it is intended. Observe the requirements of the driver in the vehicle file on our website. Sometimes the Collaborator can request a practical aptitude test with the vehicle, in order to check the User's ability.
3. c) Presentation, of a credit card with sufficient balance, to make last-minute charges of supplementary services or payable at destination, as well as deposits or surety insurance.
4. d) In case of not having all the documents and / or minimum requirements at the time of the presentation to the Collaborator, the latter may cancel the Reservation without the right to refund the amount of the reserved services.
5. e) The User will be responsible for paying all fines or administrative sanctions that are attributed to his/ her use of the motorcycle during his/ her rental period.
6. f) Motorbike passengers. The vehicle must be suitable for the purpose, having a seat for the passenger. As a general rule, and without serving as a precedent, the minimum age for the passenger is 12 years old.

5.2.4. Conditions of use of motorcycles / vehicles.

RMB reminds the Users that the following are strictly prohibited behaviors:

1. Driving under the influence of alcohol, drugs or any other substances that affect concentration.
2. Driving on unpaved roads, as well as the participation on sport competitions, will be strictly prohibited, unless there is an explicit agreement with the local Collaborator.
3. Reckless or negligent driving in accordance with the education regulations for road safety in each country.
4. Pawn or sell the motorcycle in its entirety or by parts, equipement, accessories and documentation, in any way that violates the property rights of the Collaborator or any other right that the Collaborator has over the motorcycle.
5. The aesthetic or mechanical modification of the motorcycle is not allowed without the permission of the Collaborator.

By way of information, RMB informs the Users that it is possible that there are restrictions when crossing the borders of the country / state, so, for the purposes of their security and greater peace of mind, they are advised to contact the Customer Service of RMB if they intend to travel to any other country or state different from the one they made the Reservation.

5.2.5. License, Passports, Visas and Security

By way of information, RMB suggests that, regarding licenses, passports, visas and security, consult the regulations and documentation necessary for the entry in said country, before making the Reservation. In order to do this, you can contact the embassy or consulate of the country of which you are a national, located in the country / state you intend to visit.

5.2.6. Prices and Services.

1. a) Included:

   State taxes, third party liability insurance (except express mention), delivery of the motorcycle at the counter of the Collaborator, and instructions of use are included in the rental prices of motorcycles, within the days allocated in blocks of 24 hours or calendar days (according to the Collaborator).

2. b) Not included, optionally available online:

   It is not included in the price, all the extra equipment that RMB offers to Users for contracting through its intermediative web platform. In an enunciative and non limiting way, extra equipment means: additional helmets, suitcases, GPS, extra services available, insurance for personal accident coverage, cancellation or deposit reduction insurance, among others.

3. c) Not included, to be paid at the destination:

   The following expenses are not included in the Reservation price of the motorcycles, and must be paid directly to the Collaborator at the destination. Among them, in an enunciative and not exhaustive way: gasoline (the motorcycle is delivered with a full tank, so the User will be required to give back the motorcycle with the full deposit to his/ her refund) repair costs, fee for young driver where applicable, expenses for delivery of the vehicle outside the hours or working days and traffic fines, and so on.

   If you would like any other service, such as pick up at the airport or delivery of the motorcycles at other locations, please write it down in the comments section of the Website at the time of making the Reservation. Charges for these services will be made after your arrival and may be offered, indistinctly, by the Collaborator or RMB. This service is not always available and the price may vary among Collaborators.

   In some cases there may be daily limitation of mileage, with additional charge for excess of mileage. You can previously access this information in the file of the chosen motorcycle, as well as in the Voucher, once the Reservation is formalized. We remind you that, in case of limitation of mileage, you must pay the amount thereof at the end of the rental with the Service Collaborator.

   The rent does not cover the reparation costs of punctures, as well as any other kind of damage attributed to the driving of the Registered User, who will be liable for the repair costs before the Collaborator. RMB, will not be liable of the personal or material damage. Any claim about damages or possible withholding of funds for their repair, must be agreed directly with the Service Collaborator.

5.2.7. Deposit and caution fiances

On most of the motorcycle rentals, you must make a deposit by credit card, or pre-authorized on the same, this deposit will vary depending on the motorcycle and the country chosen, this amount and the deposit mode is defined in your Reservation Voucher.

This amount will be returned to you by credit or cancellation of the pre-authorization on the same credit card.

RMB will not be liable for the damages to the motorcycles, reimbursements of the surety insurance between the User and the Collaborator. Please check the status of the motorcycle at the time of delivery and once the return procedures are completed check that the deposit has been returned.

5.2.8 General conditions for contracting the optional insurance:

By formalizing a reservation or by buying an insurance through RMB, you enter into a direct contractual relationship with the insurance companies only and exclusively. From the moment you formalize your purchase, we act as intermediaries between the Registered User and the service providers, transmitting the data in your name and sending you a confirmation email with the particular conditions of the policies provided by the companies.

Henceforth, in case of using coverages, you must contact the insurance company directly through the nearest customer service telephone number and provide the necessary documentation to attend the assistance and charge of coverages.

1. a) Accident Personal Insurance:

   At the time of the Reservation RMB informs you that you will have at your disposal the possibility of hiring a personal insurance for travel, accidents and repatriation specifically for the practice of motorcycles for tourism on the road, which will be valid during the rental period contracted, and for the destination country. RMB suggests that you read the specific conditions for your contracting, and reminds you that this insurance will be payable at the time of the Reservation of the vehicle and that, once paid, will not be reimbursable partially or completely.

2. b) Cancellation insurance:

   At the time of the Reservation RMB puts at your disposal a cancellation insurance and a refund of 100% of the contracted amount, this insurance only acts in specific and justified conditions, such as illness, assistance to trials and so on, consult the specific conditions for your contracting, to be paid at the time of the Reservation of the vehicle and 100% non-refundable.

5.2.9 Incidents / accidents / mechanical difficulties

RMB does not have direct supervision over the status or age of the bikes at the time of delivery, please check the general condition of the vehicle at the time of signing the rental agreement and note any defect in it. RMB, assumes no liability in relation to the state of conservation of the motorcycles of the Collaborators with whom it works.

During the route and in case of mechanical problems, you should contact the Collaborator. You will have contact numbers for this use. Under no circumstances should you attempt to repair the fault yourself.

5.2.10. Extension and reduction of rental periods

If you wish to extend the rental period with a date subsequent to the contracting, you must notify the local Collaborator two days in advance. RMB can not guarantee rates beyond the contract period.

On the contrary, if you want to advance the refund, RMB will not refund the rental days paid and not used. Check with the local Collaborator.

5.2.11. One-way rentals

"One-way" rentals may, in turn, not be available on other dates. The minimum duration of the rental period is defined in the Contracting Bonus. RMB recommends Users to inquire about the availability of their services and that of their Collaborators.

5.2.12. Modification or cancellation of your Reservation

Before formalizing your Reservation consult the particular cancellation conditions of each Collaborator.

Bear in mind that the climatic conditions are variable. RMB reminds you that in case of cancellation due to meteorological conditions or any other causes beyond the organization will not be reimbursed. Please contact the Collaborator in case of encountering any setback.

To modify or cancel your Reservations, please contact one of the agents at our reservation center, or contact us through the form or via email. Modification or cancellation of complementary services to the Reservation, may be subject to cancellation costs, the concretion of which will be included in the Voucher.

5.2.13. Complaints and claims against the Contributor or before RMB

In case the User is not satisfied with their rental or with the RMB intermediation service, they can contact us in writing with our Customer Service Department through [email protected], as soon as possible. RMB will act as an intermediary between you and the Collaborators. In no case, RMB will be responsible for the costs or compensations of said claims.

5.2.14 Specialterms for contractingpackagetoursandothertouristservices.

Rentalmotorbike is a travel agency authorized by the Government of the Generalitat of Catalonia with number WC5S011PX, the competent authority in thisarea. As a general rule, the articles defined in Royal LegislativeDecree 1/2007, of November 16, are in force, approving the revised text of the General Law for the Consumerdefense.

Clientcancellation

IMPORTANT:

Once the air tickets and other complementary services have been issued, in case of cancellationt hey will incur 100% of expenses.

Due to the special contracting conditions for motorcycletours, as a general rule (unless the contrary is specified as a priority in the budget made and accepted by the client) in theevent of absence, the following cancellation fees are stipulated:

If the cancellation occurs in the following numbers of days prior to departure

Between 60 and 30 daysbeforedeparture 50% of the total amount of the tour

Between 30 and 15 daysbeforedeparture 80% of the total amount of the tour

Between 15 and 8 daysbeforedeparture 100% of the total amount of the tour

Cancellation by the organizer, RMB .

If the organizing agency or, where appropriate, the retail agency, cancel the contract for reasons no tattributable to the traveler, they must refund all the payments made by the traveler within a period not exceeding 14 calendar days from the termination of the contract. The agency will not be responsible for paying any additional compensation to the traveler if the cancellation is due to:

1. a) The number of people registered for the combined trip is less than the minimum number specified in the contract and the organizing agency, or in its case, the retail agency, the traveler must be informed of the cancellation within the period established therein, that will be a maximum of:

20 days before the start in case of tours of more than 6 daysduration.

7 days on tours of between 2 and 6 days.

48 hours on tours of lessthan 2 days.

1. b) The organizer is unable to execute the contract due to unavoidable and extraordinary circumstances and the traveler is notified of the cancellation without unduedelay before the commencement of the combined trip.

Price review

1. Prices can only be increased by the agency until 20 calendar days prior to departure. Further more, said increase can only be carried out to adjust the amount of the price of the tour because of the following variations:
2. a) The currency exchange rates applicable to the organized tour.
3. b) Theprice of transport derivedfrom fuel or otherforms of energy.
4. c) The level of taxes or fees on travel services included in the contract, demanded by third parties who are not directly involved in the execution of the combined tour, including, taxes, tourist taxes and surcharges, or fees in ports and airports.
5. The contract will indicate the date on which the concepts set forth in the previous section have been calculated so that the traveler is aware of the reference to calculate the price revisions.
6. The organizing agency or, where appropriate, the retail agency will notify the increase to the traveler, in a clear and understandable way, with a justification of this increase and will provide their calculation no later than 20 days before the start of the tour .
7. Only in the event that the price increase involves an increase of more than 8% of the price of the tour, the traveler may terminate the contract without penalty. In suchcase, the provisions of Clause 10 will apply.
8. The traveler will be entitled to a reduction in the price of the tour for variations produced in the concepts detailed in sections a), b) and c) of Clause 11.1. In such cases, the organizing agency and, where appropriate, the retail agency, will deduct the actual administrative expenses of reimbursement to the traveler from said price reduction.

Assignment of the reservation

1. The traveler may transfer his reservation to a person who meets all the required conditions, in the brochure, program or package offer and in the contract, to carry out the package tour.
2. The assignment must be communicated, on a durable basis, to the organizing agency or, where appropriate, to the retail agency, with a minimum notice of 7 calendar days from the start date of the tour, which may only be passed on to the traveler the costs actually born by the assignment.
3. In any case, the traveler and the person to who the reservation has been transferred are join tlyliable to the agency for the payment of the rest of the price, as well as any commission, surcharge and other additional costs that the transfer may have caused.

Modification of the contract

1.The organizing agency may only modify the clauses of the contract before the start of the trip if the change is insignificant and the organizing agency it self or, where appropriate, the retail agency, inform the traveler of said change in a durable medium in a clear way, understandable and outstanding.

2.If before the start of the trip the organizing agency is obliged to make substantial changes to any of the main characteristics of the travel services or is unable to meet any special requirement of the previously accepted traveler, the organizing agency or, where appropriate , the retail agency will inform the traveler without delay, in a clear, understandable and prominent way, on a durable basis and the communication must contain:

The proposed substantial modifications and, if applicable, their impact on the price;

A reasonable period for the traveler to report his decision;

The indication that if the traveler does not communicate the decision within the indicated period, it will be understood that he rejects the substantial modification and, the refore, chooses to terminate the contract without any penalty; and

If the agency can offer it, the substitute combined tour offered and its price.

the traveler may choose between accepting the proposed modification or terminating the contract without penalty. If the traveler chooses to terminate the contract, he may accept a substitute tour package that, where appropriate, is offered by the organizing agency or the retail agency. Said substitute tour must be, if possible, of equivalent or superior quality.

If the modification of the contract or the substitute touris of a lower quality or cost, the traveler is entitled to anappropriate reduction in price.

In the event that the traveler chooses to terminate the contract without penalty or does not accept the substitute tour package offered, the organizing agency or, where appropriate, the retail agency, will refund all payments made for the tour.

IMPORTANT NOTE: the order of the itinerary of the trip program and its description can be subject to the changing due to justified causes of major force : natural adverse, meteorological, mechanical or any other cause of major force that prevents the normal development of the activity. In that case the company will provide a substitute activity with similar value and in case of compensatory solution, the organization is not obligated to provide the reimburse the amount of the activity.

6. RMB Liability Waiver Clause.

RMB will not be liable for rents that are rejected due to lack of documentation and / or requirements for driving.

RMB will not accept any liability for the charges that may derive from the signature of the agreements made with the Collaborator.

7. Previous Documentation of Reservation "Voucher / Presentation Voucher".

Once the Registered User has confirmed their data through the RMB website, they will receive in their email a document with the name of "Presentation Voucher" that will be equivalent to the "Voucher" in which they will be indicated in detail, the information of your Reservation and the address of the Service Collaborator to which you must go so that you can pick up the rented motorcycle.

Once the purchase is made, a printable "Voucher" will be issued and charged as proof or purchase ticket indispensable to enforce the Reservation of the rented motorcycle.

As the Voucher is the proof of purchase and contain the particular conditions of the Reservation, this constitutes, together with these GCC, the contract with the Registered User and the Collaborator.

The Voucher will contain the following content:

The reservation number, the date and time of pick up, the date and time of return, the number of days, the cubic capacity of the vehicle, the deposit, the availability, the daily limit of miles, the physical address of pick up and return of the vehicle , the telephone and email of the Collaborator, the contracted extras, the insurances in case of hiring and the cancellation policy.

The address that appears, in the Reservation Voucher, and that RMB provides through its intermediation platform to the email address indicated by the Registered User at the time of making the Reservation. Aforementioned data will be provided to the Collaborator, and this may, in turn, provide them to third parties in charge of making the delivery of motorcycles. The delivery time of the motorcycles and the geographical scope of delivery of the same will be specified in the Voucher of each Reservation. The delivery period will begin to be computed from the day of collection of the vehicle that the Registered User has indicated at the time of making the Reservation, and at the time shown on the Voucher. RMB will not be liable for the errors caused in the delivery of the motorcycles when the delivery address indicated in the Voucher does not coincide with that of the Collaborator for causes not attributable to it.

The Voucher is unique for each purchase made and it is identified with a number and a User’s name, which will serve to identify the validity and effect thereof, as well as for the confirmation of Reservations for the enjoyment of the service, in those cases in which it is indicated as mandatory.

The Voucher can be printed and it will also be available by accessing the Website within the corresponding section of “My Reservation”, which will send a copy of the Voucher to the User’s email with this information, therefore it is at all times accessible to the User and it is filed in said section. Regarding the CGC, the Users will always have them available in a visible place, freely accessible for as many consultations as they wish to make. In any case, the acceptance of the CGC will be an previous and indispensable step to the acquisition of any product or service available through the Website.

The Reservation and the present CGC, as well as the rest of the contents published in the Website, are redacted and available, including but not limited to the following languages: English, Spanish, French, German, Italian, Catalan, Portuguese, Danish, Swedish, Deuch, Norwegian, Russian, Arabic, Hebrew, Japanese and Chinese.

If after the completion of the purchase, the Registered User notes the existence of some kind of formal error in the process of introduction of his/ her data during the contracting procedure, you must contact the RMB customer service through https://www.rentalmotorbike.com/en/help or by telephone at +34 910 052 345.

The practices and activities that use the Voucher issued by RMB for commercial and / or lucrative purposes are expressly prohibited.

8. Terms of use of the site.

It is strictly forbidden to any person the use of any device or informatic program to interact directly or indirectly with our website, with the purpose of collecting any type of content or information, including the prices. It is also forbidden to to interfere or try to interfere with the normal operation of the website, and any activity that overloads the system will be terminated.

9. Data Protection.

Your privacy is important to us. By using this site, you accept our Privacy Policy terms and you consent to:

(i) the use of your personal information by RMB and its Collaborators and;

(ii) the sending by RMB of promotional emails and related to your reservations and budgets emails.

10. Use of cookies and other tracking technologies.

We use cookies and other technologies with the purpose of facilitating and monitoring the use of services on our website by our customers. If you want more information about it, consult our Privacy Policy.

11. Applicable Law and jurisdictions.

These present General Terms and Conditions are subject to the Spanish laws.

In case of any doubt or divergence that may arise in relation to the interpretation or execution of these General Terms and Conditions, the parties, waiving any jurisdiction that may correspond to them, will be subject to the Courts and Tribunals of the city of Manresa, Catalonia, Spain .

12. Exemption from RMB Responsibilities.

In accordance of these present General Terms and Conditions, RMB will only be liable for those damages that the Registered User undergoes directly due to defects attributable to an obligation in reference to their intermediation services up to the Reservation total cost. RMB is not liable and exempts any liability that results from the use/ quality of the service provided by the Collaborator. With the contracting of the Reservation the Registered User accepts that the Collaborator is the only one liable and the one responsible regarding the provision of services of renting motorcycles.

Altogether, and with the mediation by RMB between the Collaborator and the Registered User, not being an element that links the parties.

If any clause or provision of these General Terms and Conditions, becomes invalid, or non-binding, the Registered user will remain bounded to the rest of the provisions. If this occurs, the provision or clause not applied, must be met to the maximum limit allowed by the applicable law.

13. Customer Comments

The assessments of our clients will be shown in our website with the only purpose of informing other Users of their real opinion about the service and quality of the rental company that provided the motorcycles, and RMB will make full or partial use of them in our website, on social media, newsletters, special promotions, mobile applications or other means that RMB has, manages, uses or controls. We reserve the right to adapt, reject or delete any comment at our discretion.

The comments received express the personal opinion of RMB customers who have completed the survey once their rental is completed. These opinions do not necessarily represent RMB views.

February 2018

All rights reserved.

Initiatives in Moto, S.L.

Pica d'Estats Street, 30, Sant Fruitós de Bages, 08272, Barcelona Spain

Registered in the Mercantile Register of Barcelona, in volume 41,757, folio 46, sheet no. B- 395,840, inscription 1a, with CIF number B-65,291,593.