General Rental Conditions

In accordance with these Terms and Conditions, ANDALUSI TOUR BIKE RENTAL S.L., located at C/Miguel Hue, Local 5, 11408, Jerez de la Frontera (Cádiz) and CIF B-10859593 (“GS Bike Rental”) will assume the following obligations:

  • To rent a vehicle to the person designated in the Rental Agreement for the period specified in that Rental Agreement, along with any accessories you wish to rent, which will also be indicated in the Rental Agreement.
  • To provide certain mobility services with all our rentals and offer other available services at an additional cost.

The contractual relationship between you and GS Bike Rental is governed by the following documents:

  • The Rental Agreement and its specific conditions (the document you signed at the time of vehicle pickup or on the first day of rental).
  • The reservation confirmation email (through which your prior reservation was communicated, if applicable).
  • The General Insurance and Protection Conditions of GS Bike Rental.
  • The Recommended Rate Guide related to costs and additional charges.
  • These Terms and Conditions applicable to all the aforementioned documents.

In the event of a contradiction between the aforementioned documents, the terms of the Rental Agreement shall prevail over the others.

1. WHO DO THE RENTAL TERMS AND CONDITIONS APPLY TO?

The Terms and Conditions shall apply to the person signing the Rental Agreement, to whom the corresponding bank card is provided as payment guarantee for the rental of the Vehicle, whether or not they are the holder of the Rental Agreement, as well as to any authorized driver. The holder of the bank card provided as a guarantee or payment for the rental shall assume all costs associated with the Rental Agreement (regardless of whether they are listed as the rental holder or as an authorized driver). If the reservation was made, prepaid, and/or paid for by a third party other than the renter (understood as the person signing the Rental Agreement), and that third party later disputes the charge made by GS Bike Rental, GS Bike Rental may directly demand payment from the renter (and jointly from the authorized drivers listed in the Rental Agreement). All individuals identified in the rental agreement shall be jointly liable for the payment of any amounts owed under the agreement.

 

2. WHO CAN RENT AND WHO CAN DRIVE?

Who can rent? Any individual:

  • Who is legally capable of entering into a contract with GS Bike Rental and is prepared to accept responsibility for the Vehicle during the Rental Period.
  • Who has the means of payment accepted by GS Bike Rental to pay for the rental of the Vehicle and associated costs.
  • Who is at least 25 years old.
  • Who holds a valid driver’s license with a minimum of two years of experience.

The validity of the various licenses listed above is conditioned on being within the period of validity. The renter may only rent a Vehicle during the same Rental Period. Under no circumstances may they lease on behalf of a third party.

Who can make a reservation Any individual:

  • Who is legally capable of entering into a contract with GS Bike Rental and is prepared to accept responsibility for the reservation of the Vehicle.
  • Who has the means of payment accepted by GS Bike Rental to pay for the reservation of the Vehicle and associated costs.

Accepted payment methods:

  • Credit card.
  • Debit card, both VISA and MASTERCARD.
  • Bank transfer.

Who provides valid and current identification documents:

 

Required documents:

  • Passport or Identity Document issued by countries belonging to the European Union.
    Passport (for nationals of non-European Union countries).
    Valid driver’s license in Spain.

The validity of the various licenses listed above is contingent upon being within the period of validity.

Who can drive? (“The Driver”)
The authorized Driver of the rented Vehicle may be any individual who meets the following requirements:

  • Who is expressly mentioned and fully identified in the Rental Agreement (they may or may not be the renter).
  • Who provides a valid driver’s license in accordance with applicable legislation and a valid identification document (ID card or Passport).
  • Who holds a valid driver’s license in accordance with applicable legislation with a minimum of two years of experience and is over 25 years old.

Who cannot drive?

A person is not allowed to operate a Vehicle if they are not specifically identified or mentioned in the Rental Agreement, as well as those who do not validly present the required identification as indicated on this page.

You will be in violation of the Terms and Conditions if you allow an unauthorized person to operate the vehicle. You will be responsible for any consequences that may arise from this, including potential claims made against you by GS Bike Rental for any damage caused by you, the unauthorized person, or both.

In such situations, neither you nor the unauthorized driver may be covered by the protection or insurance options offered by GS Bike Rental. In this case, the unauthorized driver will not be covered by any insurance or protection products offered by GS Bike Rental, except for the Mandatory Civil Liability Insurance, which will apply in all cases.

3. WHERE CAN I DRIVE THE VEHICLE?

 

The use of the Rental Vehicle is only permitted in mainland Spain.

4. WHAT TYPE OF VEHICLE CAN I RENT AND FOR WHAT PURPOSE?

You can rent a motorcycle and must operate the Vehicle in accordance with its ordinary use as follows:

  • Motorbikes are intended for the transportation of a variable number of people (depending on the authorized capacity of the Vehicle) for non-professional or commercial purposes.

You are informed that GS Bike Rental does not cover objects transported in the Vehicle and assumes no responsibility for any belongings or items that you may leave behind in the Vehicle. Additionally, GS Bike Rental is not liable for any loss of opportunity or consequential damages that may arise in the course of this rental.

5. WHAT ARE MY OBLIGATIONS REGARDING THE VEHICLE?

  • You must return the Vehicle along with its keys, accessories, and documentation to the GS Bike Rental location specified in the Rental Agreement, on the date and time specified in that Rental Agreement.

  • If you fail to return the Vehicle as indicated above, GS Bike Rental may take all necessary measures described in these Terms and Conditions (T&C), particularly in this section.

  • Neither you nor any authorized Driver may operate the Vehicle outside of the Territory. If you and/or the Driver operate the Vehicle outside of the Territory, you and/or the Driver must obtain prior written consent from GS Bike Rental. Additionally, upon picking up the Vehicle, you must ensure that it is equipped correctly to comply with the local traffic regulations of the country where you and/or the Driver will be driving.

  • You and/or the Driver must operate the Vehicle sensibly and in accordance with all applicable traffic laws and regulations, ensuring that you and/or the Driver are familiar with all relevant local driving regulations.

  • You must ensure that all luggage or goods transported in the Vehicle are secured so that they do not cause damage to the Vehicle or pose risks to passengers.

  • You and/or the Driver must take care of the Vehicle, ensuring that it is locked and protected by anti-theft devices when parked or left unattended.

  • Both you and any authorized Driver agree to never operate the Vehicle or allow it to be used under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates, other illegal substances, or any other substance (whether legal or illegal) that could impair your or the Driver’s ability to operate the Vehicle.

  • You and/or the Driver must refuel the Vehicle with the correct type of fuel. You will be responsible for any costs associated with transferring the Vehicle and/or repairing any damage incurred if it is refueled with the wrong fuel, as determined according to the guidelines outlined in the subsequent section titled “Vehicle Damage,” unless it can be proven that the error was caused by a third party.

Neither you nor the Driver may use the Vehicle or allow it to be used for:

  • Re-leasing, Mortgaging, or Pledging: Re-leasing, mortgaging, pledging, selling, or otherwise offering as collateral the Vehicle or any part of it, as well as the Rental Agreement, keys, documentation, equipment, tools, and/or any of its accessories.
  • Carrying Passengers for Profit: Carrying passengers for profit unless expressly authorized by GS Bike Rental.
  • Exceeding Capacity: Carrying more people than allowed by the vehicle’s technical inspection record or registration permit.
  • Transporting Illegal or Dangerous Items: Transporting illegal items under applicable laws, flammable, hazardous, toxic, harmful, radioactive substances, or both (provided this exclusion does not prevent you from carrying your daily needs of items that do not violate legal provisions and whose transport is consistent with normal and ordinary use and does not involve special circumstances).
  • Transporting Overweight Cargo: Transporting goods with a weight, quantity, and/or volume exceeding that authorized in the Vehicle’s Registration Permit and/or the Technical Inspection Sheet.
  • Racing or Competitive Events: Participating in races, off-road driving, reliability or endurance tests, speed tests, or competitions or trials, whether official or not, regardless of location.
  • Transporting Live Animals: Transporting live animals.
  • Driving Instruction: Giving driving lessons.
  • Towing: Pushing or towing another vehicle or trailer.
  • Driving on Unsuitable Terrain: Driving on gravel roads or other unsuitable paths for motor vehicles or surfaces or conditions that pose risks to tires or the Vehicle’s undercarriage, such as beaches, unsuitable roads, forest paths, mountains, etc., that are not authorized, and unpaved roads, unless expressly and in writing authorized by GS Bike Rental.
  • Committing Intentional Crimes: Committing any crimes intentionally.
  • Transporting by Other Vehicles: Transporting the Vehicle on any type of vessel, train (except in the Eurotunnel), truck, or airplane unless GS Bike Rental has given explicit authorization for this.
  • During the rental period, you and/or the Driver must take all necessary protective measures to maintain the Vehicle in the same condition as it was at the time of pickup. In particular, you and/or the Driver must carry out mandatory inspections of the Vehicle’s condition, such as oil and water levels, tire pressure, etc.

You may be held responsible to GS Bike Rental for any harmful consequences resulting from the breach of the aforementioned obligations. Please note that failure to comply with these obligations may limit your right to claim damages. In this case, GS Bike Rental reserves the right to demand the immediate return of the Vehicle. You and/or the Driver agree not to remove, alter, manipulate, modify, or in any other way hide or cover, in whole or in part, the stickers present on the rented vehicle. Otherwise, GS Bike Rental has the right to claim all damages caused to GS Bike Rental as a result of such non-compliance, as well as all fines, tolls, penalties, or sanctions imposed on the rented Vehicle or on GS Bike Rental as a result of such removal, alteration, manipulation, modification, concealment, or covering of the stickers.

6. WHAT ARE THE INCLUDED MOBILITY SERVICES?

The basic rate includes the following mobility services:

Included Mobility Services:

  • Roadside assistance.
  • Mandatory Third-Party Liability Insurance.
  • Limited mileage (according to the rate).
  • Unlimited mileage (according to the rate).

7. WHAT OTHER MOBILITY SERVICES ARE NOT INCLUDED IN MY RENTAL?

List of Services:

  • Additional Driver: YES.
  • Extension of Rental Period: YES.
  • Pickup and Return Outside Office Hours: NO.
  • Refueling Service: NO.

8. WHAT IS INCLUDED IN THE PRICE I PAY?

The price of your rental will be the rate in effect at the time you make your reservation or when you make changes to it. The price you pay includes the following components:

  • The daily rental fee for the Vehicle for the agreed number of calendar days.
  • VAT (Value Added Tax).
  • Environmental contribution.

By contracting with GS Bike Rental, you expressly allow GS Bike Rental to charge the payment method you provided for any unpaid amounts arising from your rental agreement. In this regard, your express consent will be given at the GS Bike Rental office when you present your payment method to our agent prior to collecting the Vehicle.

9. WHAT OTHER CHARGES/COSTS MAY APPLY TO THE RENTAL AGREEMENT?

GS Bike Rental may also charge you for various services that it must provide directly or through third parties, related to incidents that may have occurred during the Rental Period and/or related to the use of the Vehicle. The prices (including VAT) of these charges and costs are specified in the Recommended Rate Guide document, which will be sent to you attached to the confirmation email of your reservation (if the reservation was made online) and will be available at any GS Bike Rental office, and in any case, in the Terms and Conditions section of our website [url]. These charges or costs include, without limitation:

  • Administrative charges for processing fines or tolls, noting that these administrative costs are paid in addition to the fines or tolls to which they are associated, with you being responsible for the payment of these fines or tolls.

  • Special cleaning charge for a Vehicle returned in an unacceptable state of cleanliness (beyond that resulting from normal use). This charge will depend on the level of cleaning required for the returned vehicle, the amount of which is reflected in the Rate Guide.

  • Charges for loss or theft of the keys and/or any other items of the Vehicle.

  • Damage or loss caused to the Vehicle during the rental that is not covered by the protections you may have contracted.

  • Administrative charge for managing the aforementioned damages.

  • Fuel used during the Rental Period.

  • Kilometers exceeding the mileage included in the rental rate (if applicable), increasing by €0.35 for each additional kilometer. For 125 cc motorcycles, such as the Piaggio Liberty and the SEAT MÓ 125, the daily mileage limit will be 100 km. For BMW motorcycles, including the BMW R 1250 GS, BMW R 1250 GS Adventure, and BMW R 1250 RT models, the daily limit will be 300 km. If these limits are exceeded, an additional charge per extra kilometer will apply, as established in our rental conditions.

  • If the pickup of the rented motorcycles is carried out on Saturdays, Sundays, or public holidays, an additional supplement of €50 will apply, provided that the rental period is equal to or less than 7 days. Rentals of motorcycles over 800 cc for more than 7 days will be exempt from this charge. This special charge reflects operations outside of business days and will be included in the billing to the customer at the time of vehicle delivery.

  • DEPOSIT:
    For 125 cc motorcycles with basic insurance, the deposit to be made will be €300.
    For large-displacement motorcycles with comprehensive insurance with a deductible, the deposit to be made will be €1,500.
    For large-displacement motorcycles with VIP comprehensive insurance, the deposit to be made will be €500. This service will cost €37/day.
    For rentals with circulation outside the peninsula and with explicit authorization from GS Bike Rental, the deposit to be made will be €3,000.

10. WHAT SHOULD I PAY ATTENTION TO WHEN PICKING UP THE VEHICLE?

Delivery service to any location in the area, by prior agreement with the GSBike Rental management.

a) Return of the Vehicle during GS Bike Rental’s office hours.

You must return the Vehicle to the GS Bike Rental office on the date and time specified in the Rental Agreement. The Rental Period will end when you return the Vehicle and hand over the keys and documentation of the Vehicle. No refunds will be issued if the Vehicle is returned before the agreed date and time in the Rental Agreement. Upon returning the Vehicle, you must proceed with an inspection alongside the GS Bike Rental agent and sign a condition report for the Vehicle at the time of return. GS Bike Rental will provide you with a signed document confirming the return of the Vehicle. GS Bike Rental is not responsible for any belongings or objects that you may have forgotten inside the Vehicle.

b) Out-of-Hours Return Service

GS Bike Rental recommends returning the Vehicle during opening hours. However, in order to meet the specific needs of some of our customers, GS Bike Rental occasionally offers an additional “out-of-hours” service, for which the customer must pay the corresponding fee as specified in the following Rate Guide:

  • Delay in pickup or delivery of 2 hours following the end of the rental period: AMOUNT OF €30

  • Delay in pickup or delivery on Saturdays, Sundays, and holidays: AMOUNT OF €50

If you choose to use this service, you agree that the vehicle condition report may be prepared by the GS Bike Rental agent in your absence and after the keys have been returned. Since the vehicle will be inspected later, GS Bike Rental recommends that you take photographs of the vehicle to have evidence of its condition upon return after it has been parked and before you return the keys. Once the inspection has been conducted and in the absence of any damage, GS Bike Rental will send you a signed document stating that the vehicle has been returned without damage. GS Bike Rental is not responsible for any belongings or items that may have been left behind in the vehicle.

c) Vehicle inspection without your presence and during the opening hours of the GS Bike Rental office.

In the event that you are unable and/or refuse to inspect the Vehicle together with the GS Bike Rental agent, GS Bike Rental is authorized to inspect the Vehicle on its own, in your absence, and to record your refusal to review the Vehicle.

d) Return of the Vehicle outside the GS Bike Rental office.

In the event that the Vehicle is not returned to the designated location for reasons attributable to you, you must pay the costs incurred in recovering the Vehicle.

e) Return of the Vehicle Late

In the event of returning the Vehicle outside the hours established in the Rental Agreement, you must pay an amount set out in the Rate Guide based on the delay time. Once a period of 24 hours has passed without hearing from you, GS Bike Rental may consider the Vehicle to have been unlawfully appropriated and will report this to the relevant local authorities. In such a case, GS Bike Rental will have the right to claim from you all damages incurred, including, where applicable, the value of the Vehicle, as well as any fines, tolls, penalties, or sanctions imposed on the rented Vehicle as a result of requests made by public administrations to identify the offender or to clarify other circumstances related to possible infractions or crimes. GS Bike Rental will also have the right to initiate legal proceedings to claim the immediate return of the Vehicle. In this case, protections and other additional contractual services will have no effect.

11. What Procedures Will Apply When Returning the Vehicle?

The motorbike will be delivered with a full tank of fuel, clean, and in perfect working condition, without any damage. If it is returned needing to be refueled, an additional charge of €20 will apply, in addition to the cost of the fuel.

The delivery of the motorbike will take place at our facilities in Jerez de la Frontera. If any RENTER wishes for the delivery or return at a location other than the office, GS BIKE RENTAL will inform the cost of returning the motorbike to that alternative location.

12. DAMAGES TO THE VEHICLE

In the event that discrepancies are identified between the condition of the Vehicle described at the time of initial delivery and that described at the time of its return, you may be required to pay the amounts defined below:

a) Damages identified after the return of the Vehicle and in your presence

If any damage is identified during the return of the vehicle while conducting the inspection, in your presence and in the presence of the GS Bike Rental agent, and if the customer acknowledges the damages by signing the vehicle return declaration and providing an accident report, GS Bike Rental will provide an assessment of the repair costs that can be charged to the customer. The repair costs will vary depending on the type of damage: Minor damages will be estimated according to the average repair and replacement price list provided by the official workshop. In any case, you will be responsible for the total amount of the deductible of the insurance contracted. Damages not included or valued in the previous average price list will be invoiced according to the quote issued by a workshop or the assessment made by an independent external expert hired for this purpose by GS Bike Rental. If you dispute the damages and their invoicing by refusing to sign the vehicle return declaration, GS Bike Rental will apply the procedure described below (see article 12-b).

b) Damages identified in the case of return outside of office hours or without your presence

If any damages are identified during the vehicle inspection by a GS Bike Rental agent in your absence, GS Bike Rental will send you the following documents:

  • Accident Report (if applicable) and Vehicle Return Declaration describing all identified damages.
  • Image of the damages.
  • Estimate of repair costs (including the corresponding immobilization of the vehicle), which will vary depending on the nature of the damage (see Article 12-a) above) and the administrative costs for managing the damage.

You may challenge the identified damages and their billing within 14 days from the sending (by email or regular postal mail) of the documents. If you do not respond or justify your opposition within the aforementioned 14-day period, GS Bike Rental reserves the right to charge you for the identified repair costs.

c) Common rules

Please note that depending on the damages suffered by the Vehicle and the type of protection you have subscribed to with GS Bike Rental (see the General Conditions of Protections and Insurance of GS Bike Rental attached to your reservation confirmation email or available at the GS Bike Rental office and/or on the GS Bike Rental website), you may be charged, or not, the full value of the damages incurred to the Vehicle. In any case, you may dispute the damages and their billing by acting in accordance with the provisions of the following article 20.

13. WHAT IS EXPECTED OF ME REGARDING THE MAINTENANCE OF THE VEHICLE?

During your rental, and depending on the mileage you drive, you will be responsible for the routine maintenance resulting from the normal use of the Vehicle. Therefore, you must carry out the usual inspections to check the water and oil levels and the tire pressure. You must take all necessary protective measures to keep the Vehicle in good working condition. You should also remain vigilant for warning indicator lights on the Vehicle’s dashboard and take all necessary protective measures for the Vehicle’s engine and the Vehicle as a whole.

Without prior, express, and written authorization from GS Bike Rental, any modification or mechanical intervention on the Vehicle, its keys, equipment, tools, and accessories is prohibited. In case of non-compliance with the above, you will be responsible for the justified costs of restoring the Vehicle to the condition it was in at the time of collection and will pay an amount as compensation for the immobilization of the Vehicle, which will be calculated according to the criteria established in the aforementioned average repair and parts price list. You will be liable to GS Bike Rental for any harmful consequences resulting from a breach of the above-mentioned maintenance obligations.

14. WHAT SHOULD I DO IN CASE OF AN ACCIDENT, MECHANICAL BREAKDOWN, OR THEFT OF THE VEHICLE?

 

In the event of a mechanical breakdown or accident that prevents you from continuing your journey and/or forces you to stop the vehicle to avoid further damage, you have access to a roadside assistance service included in the rental price. In case of an accident, you must inform us within 24 hours from the moment the collision or traffic accident occurred and, in any case, before the end of your rental period. You must also provide us with a fully completed accident report and any other documents that you believe may be useful to supplement your statement. In the event of theft of the vehicle, you must report the incident to the GS Bike Rental office, providing the original police report within 24 hours of its issuance, unless due to force majeure, and in any case before the end of the agreed rental period, along with the original keys of the vehicle.

15. WHEN WILL I RECEIVE MY INVOICE AND PAY FOR THE RENTAL?

You will receive a final invoice once all the items related to your rental have been settled.

  • If you book a Vehicle online:

  • You must pay 50% of the total rental cost in advance as a reservation fee. This total cost will include the daily rental rate for the Vehicle and any accessories rented during the Rental Period. In this case, the corresponding amount will be charged to you, and you will receive a receipt for this advance payment. Additionally, the advance payment will be mentioned on the final invoice and deducted from the amount due.

     

  • The final total of your rental will be charged and invoiced seven days before the start of that Rental Period. Any additional charges will be billed upon returning the Vehicle (as long as they can be calculated at that time). If you incur additional costs such as fines or tolls or if damages to the Vehicle are identified without your presence, GS Bike Rental will charge you accordingly at a later date, along with all associated administrative fees, once GS Bike Rental becomes aware of these and after the Rental Period has concluded. In this case, you will have a period of fourteen days from the date of sending (via email or regular mail) of the billing notification to respond and justify that you are not responsible for these amounts. If you do not communicate any objection or justification within the specified period, the aforementioned amounts will be billed to you.

     

  • The final invoice with all charges will be sent to you via email. If you wish, you can choose to receive a paper invoice.

     

  • As long as you are not considered a Consumer and User according to the applicable regulations (Royal Legislative Decree 1/2007 of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws), non-payment of any invoices issued by GS Bike Rental and due according to the agreed deadline will incur default interest as stipulated in Law 3/2004, which establishes measures to combat late payment in commercial transactions.

     

  • You expressly agree that your failure to comply with any payment obligation arising from the Rental Agreement will entitle GS Bike Rental to terminate said agreement and demand the immediate return of the Vehicle. In this case, GS Bike Rental may declare the obligation due and require you to make an immediate payment of the total outstanding debt, regardless of the previously agreed payment terms.

16. WHAT IF I WANT TO CANCEL OR MODIFY MY RESERVATION

a) Modification

You can modify your reservation via phone or email, as long as it does not affect subsequent customers and you notify GS Bike Rental at least ten days in advance of the start date and time of the rental. Please note that modifying your reservation may involve changes in the rental price, and you must use the same communication channel you used when you booked the vehicle.

b) Cancellation

You can modify your reservation free of charge, as long as you notify GS Bike Rental via phone or email at least sixty days before the date and time of the rental start. If you notify less than thirty days in advance, 50% of the reservation amount will be refunded. If you notify less than ten days in advance, no amount will be refunded. For the purposes of this section, cancellation of the reservation due to Force Majeure means that you have been unable to or have been delayed due to war, any other type of civil disturbance, accident, strikes, government restrictions, state of emergency, as well as any other cause or circumstance that is beyond your control (direct or indirect).

17. WHAT IF I WANT TO EXTEND MY RENTAL AGREEMENT?

If you wish to extend the Rental Period specified in your Rental Agreement, you must follow these steps:

  • Call the phone number of the rental office that you will find printed on your rental contract.
  • Pay the rental fee and any additional charges.
  • Sign a new Rental Agreement or an addendum to the initial contract.

If you do not follow the indicated procedures and fail to return the vehicle on the agreed date and time, the provisions set forth in section 11 (What Procedures Will Apply When Returning the Vehicle?) will apply.

18. WHAT IS THE FUEL POLICY?

All vehicles are provided with a full tank of fuel. You must return the vehicle with a full tank. If not, you will be charged for the fuel refilled along with an additional cost of €20.

19. DO I NEED TO PAY A DEPOSIT BEFORE PICKING UP THE VEHICLE?

Yes, this deposit will be refunded when the vehicle is returned, provided that it has no damages and/or if the fuel level is as stipulated in the Rental Agreement and in these Terms and Conditions.

20. ¿WHAT HAPPENS IN THE EVENT OF A DISPUTE RELATED TO MY RENTAL?

Applicable Law:

In the event of a dispute between you and GS Bike Rental regarding your rental, the applicable law will be Spanish law.

Contractual Documents

The binding documents between you and GS Bike Rental are, in order of priority, as follows:

 
  • The Rental Agreement and its conditions.
  • The General Conditions of Insurance and Protection of GS Bike Rental.
  • The Rate Guide.
  • The confirmation email you will receive when booking the Vehicle.
  • These Terms and Conditions, which will apply to the previous documents.