General terms and conditions of hire agreement

 

SIDECAR 32 Motociclos de Aluguer Lda. (hereinafter referred to as the “Owner” or “Sidecar 32”) with is headquarters on Largo das Portas de Portugal, R/C Loja 1-2,8600-657 Lagos, rents to the person(s) identified in the Rental Agreement (hereinafter referred to as the “Customer, Lessee or Driver”) the vehicle described therein (hereinafter referred to as the “Vehicle or Motorcycle”), in accordance with the terms and conditions specified below and in any attachments thereto that the Lessee acknowledges, agrees to and, upon signing, undertakes to observe and respect.

  1. Age and driving license category

The driver must be at least 18 years old, be licensed to drive the specific vehicle is willing to rent and have adequate experience on a motorcycle with the size and power similar to the one they wish to rent. It is the Customer responsibility to ensure that he is licensed to drive the specific model he is willing to rent. If the driver is a Non-European Citizen, the International Driving Permit (IDP) is mandatory.

  1. Booking

Sidecar32 will make every possible effort to supply the reserved vehicle during the rented period. If by major force Sidecar32 is unable to provide the Customer with the reserved vehicle model, an equivalent model can replace the one that is booked. If this model has a lower category than the model initially reserved by the lessee Sidecar32 will refund the difference of the rental value of the replacement vehicle. If the rental category of the replacement vehicle is higher than the vehicle initially reserved by the lessee this difference will be supported by Sidecar32.

  1. Delivery and return

Delivery and return of vehicles must be done at the address, day and hour specified on the particular conditions of Rental agreement.

If the lessee pretends to extend the rental period, they should contact Sidecar32 least 24 hours in advance. Depending from fleet availability, Sidecar32 may or may not authorize the period extension at an agreed rate.

Failure to do so without prior notice will be considered disappearance of the vehicle which will be immediately reported to the authorities and punished by law.

Early returns do not give the lessee the right to receive the payment of the rental period missing.

  1. Sidecar32 liability

Sidecar32 must deliver the motorcycle in correct and safe technical conditions for circulation. The lessee must receive the documents of the vehicle and accessories chosen.

Sidecar32 should check and accept existing damages that are defined in writing on the Vehicle Condition Document as part of the handover procedure.

  1. Customer liability

The customer is liable for ensuring that he is legally entitled to drive a motorcycle. A valid driving license as well as identity card or passport must be presented by the lessee. This license must be valid in the countries where the Client will drive the motorcycle. The lessee is responsible for all fines and penalties and legal fees for traffic irregularities or other breaches of law during the rental period of the motorcycle. Sidecar32 will charge the Client for any penalty and has the responsibility to inform the authority’s Customer´s identity or any other information regarding the rental agreement.

It is the customer responsibility to ensure that the rented motorcycle:

  • Shall be used according to manufacturer’s recommendations
  • Shall be used in full respect of highway codes of the countries in which it is driven
  • Shall not be used negligently
  • Shall not carry more passengers than its approved capacity allows
  • Shall not be used for racing or competition
  • Shall not be used off road, out of conventional roads
  • Shall not be used for carriage of passengers or goods, for any compensation or remuneration implicit or explicit, of any form of compromise
  • Shall not be used for illegal purposes
  • Shall not carry more weight than it is allowed.
  • Shall not be used by anyone else except by Customers stated in the rental contract
  • Shall not be used if its mechanical condition is deemed unsafe
  • Shall not be used after consumption of drugs or alcohol or other narcotic substances.
  • Shall not be used when the Client’s physical conditions are weakened by fatigue or illness.
  • The client must use the appropriate fuel – SEM CHUMBO 95/98. In case of using a different type of fuel, the Lessee is responsible for the costs of the replacement of the fuel, removing and cleaning of the fuel tank, engine tuning and other damage to the Vehicle;
  1. Insurance.

On rental rates the following insurance liabilities are included:

  • Damages and theft liability with amount excess stated on rental agreement
  • Compulsory civil liability
  • Road assistance (Except Morrocco)
  • If an accident is to be reported to the insurance company, the entire compulsory excess deposit will be charged to the Client until the resolution of the case. After the insurance inspection and determination of responsibility, the Client will be refunded the remaining compulsory excess in the event of damages lower than the total amount. However, how quickly the deposit is returned, always depends on the conditions of each card/bank.

Insurance amount excess for damages by fall or collision as well as complete loss or theft is set by the guarantee deposit kept by Sidecar32 and specified on the rental agreement which value varies accordingly to the rented model.

The insurance amount excess can be reduced by subscribing a reduction damages/theft/complete loss coverage which reduces to a lower value the amount excess depending from the vehicle model rented

In any case the amount excess value is the maximum responsibility taken by the customer as far as damages, complete loss or theft are concerned. 

Insurance policy will be automatically considered without effect if:

  • The Customer leaves the scene of an accident in which he has been involved.
  • The Customer does not immediately report to the authorities and Sidecar32 theft or disappearance of the motorcycle or accessories
  • The rented motorcycle was intentionally damaged by the Customer or someone for whom you are responsible
  • The vehicle is involved in an accident and the Customer fails to notify Sidecar32 at the earliest possible time.
  • Vehicle is piloted under the influence of alcohol, drugs, narcotics or other narcotic substances
  • Vehicle is piloted in areas not authorized by Sidecar32 as unpaved roads and racing circuits or out of Portuguese territory.
  • If the Customer does not comply with the requirements stipulated in point 6 of these terms relating to the Client’s responsibility.
  1. Reservation cancelation

All reservations made through Sidecar32 website can be cancelled by Sidecar32 or by the customer if they are done at least with 3 days anticipation from rental starting date/hour. For that, customer needs to contact Sidecar32 reservation center through email address reservas@sidecar32.com

No cancellation tax (except bank taxes if applied) will be applied for any cancelation request done before 3 days of rental starting date.

8 Refund Policy

Received payments are automatically processed when the reservation cancelation takes place. If possible, refunds will be done the same way payment has been processed. Otherwise, customer should provide payment proof as well as his bank account date so Sidecar32 will be able to do a Bank Transfer.

Sidecar32 will refund all received values, except bank taxes, on a maximum period of 10 working days

No refunds will be done if rental date/hour termination is anticipated, if customer fails to appear for pick up the motorbike or if cancelation is asked with less than 5 days anticipation

Every subject concerning refunds can be addressed to email address reservas@sidecar32.com

  1. Mechanical failure

In the case of a mechanical failure, customer must contact Sidecar32 stating your location accurately and with detailed information about the failure. If repair is necessary and possible, you must obtain Sidecar32 consent before making such repair.

If repair is not possible, Sidecar32 will seek to replace the damaged motorcycle at the earliest possible opportunity.

Sidecar32 will refund the value of the corresponding rental to the period when the motorcycle was immobilized due to the possible failure. If for any reason the replacement is not possible, Sidecar32 will reimburse you for the rental days not enjoyed.

Reimbursements or replacement of the motorcycle are excluded if are due to accidents or mechanical failures caused by falls or negligent use, of the motorcycle.

  1. I am aware that the Vehicle may be equipped with a geo-location device that may be used in the event of non-performance, theft or the crossing of borders.

General Note About Payments

  1. All transactions made through our website by credit or debit card (Visa and MasterCard) are processed by a third party company known as REDUNIQ @ PAYMENTS (https://www.reduniq.pt/). If the deposit/excess is left by Credit or Debit Card, the amount may remain blocked for approximately 30 days. Sidecar32 cannot be held liable for this.
  2. In the event of a dispute between the Customer and Sidecar32 it shall be governed in accordance with the laws of Portugal and both Customer and Sidecar32 agree to establish the courts of the judicial district of Faro to resolve any disputes arising from the agreement, to the express exclusion of any other.