2016 www.laelamalta.com ATV and Scooter Terms and Conditions The Company offers a variety of makes within each motorbike/atv group, therefore motorbike/atv makes and models advertised in/at/on our Brochure/office are not necessarily representative of vehicle stock and are consequently merely an indication of the most likely type of motorbike/atv that can be supplied within a category. The company warrants and guarantees that irrespective of the brand of motorbike/atv supplied, the Motorbikes/atv s, shall have the features and specifications pertinent to the category booked. Standard Third Party Liability Insurance(STPLI) policy (refer to the Insurer s General terms and conditions), applies to Motorbike s/atv s and extends insurance cover to third parties only. STPLI carries a Full Standard Excess(FSE) for different groups of motorbikes/atvs. The quantum of FSE shall be determined exclusively by the Company and shall be payable directly to the Company by the Client. The Client may request the quantum of excess to be paid in the event of an insurable incident from the Company. A copy of the STPLI policy shall be made available to the Client upon request. The standard lease price, which is inclusive of V.A.T., shall consist of: the motorbike/atv, in the exact condition that it was in at the time it was leased out to the Client, and excepting for normal wear and tear shall be returned to the lessor Company in the same condition that it was leased out: the STPLI; no mileage consumption charge; 24/7 road assistance & breakdown service; All road licensing fees; Vehicle maintenance and repair: 1 Helmet. Fuel supplied with the motorbike/atv, satellite navigation systems, special cleaning, other services/charges/extras are not included in the standard rates quoted for any particular vehicle category. The rental of a motorbike/atv under the terms of the agreement shall occur only upon presentation of a valid driving licence that has been held in the name of the Client for a minimum period of two (2) years prior to the lease date, free from any endorsements, a passport or photo I.D. and a valid credit/debit card or cash deposit. Saving the provisions above, in the event that the Client is not acting in his own name, but on behalf of another legal or natural person, the lease shall commence only upon presentation of a written and signed authorisation by the person on whose behalf he/she is acting, in the instance of a natural person or the responsible Director in the case of a legal person, together with all the documentation listed in the preceding paragraph in the name of the person authorising or the Director, as the case may be. If a client who is not the driver, is a guarantee for the vehicle with his credit/debit card or cash deposit, customer will need a valid photo I.D. and this person must be present to duly sign agreement and credit/debit card Pre-Authorisation. The client acknowledges that he is aware that STPLI insurance policies, cover/s driver/s between 25-75 years of age.
Nevertheless, young driver/s aged between 21 and 24 years as well as those aged between 76 and 80 years may be still be insured by means of a special policy that shall be in addition to that quoted, as premised a higher FSE shall be payable by Clients under this category in the event of an accident claim. Without prejudice to the provisions of the last preceding paragraphs, the Insurer may, in addition to any other document normally requested in the ordinary course of business, request a medical certificate attesting the state of fitness of the person to be insured, for any driver/s aged seventy six (76) years or more prior to issuing the insurance cover. Clients present in person at one of our offices, shall effect payment for the total duration of the lease inclusive of any requested extra additional service/s. Payment shall be effected by means of an accepted credit/debit card or, alternatively in cash, upon the signing of the lease agreement Any additional fee/s and/or charge/s shall be deducted from the client s Security deposit guarantee. All lease charges shall be exacted in the Euro currency, where the rate of exchange is determined by the credit card company and is beyond the control of the Company, and the Client shall hold the company harmless from any loss, whether deemed, presumed, actual or implied, attributable or attributed to the conversion in currency. All credit card transactions resulting from this agreement shall appear as effected to I.G. Enterprises Limited. All major credit cards, namely Visa, Mastercard, are accepted, saving the right of The Renter to decline any credit card, presented for payment by the Client, at their sole discretion. The Client shall pay the STPLI, which shall be equivalent to the FSE, and shall be charged to the amount of six hundred Euro ( 600) in the case of motorbike/atv. As stipulated above, drivers aged between 21 and 24 years and those aged over 75 years shall be charged a higher FSE, and this shall amount to an additional one hundred and fifty Euro ( 150) to the FSE paid for the respective category of motorbike/atv leased. The FSE is required to be paid for all incidents involving motorbike/atv in order for an insurance claim to be filed with the Insurer in all cases of damages to the motorbike/atv, the Client or to third parties, whether the incident is accidental, intentional or fortuitous. In the event of incidents causing minimal damage/s and, thus, where the repair cost/s does not exceed the FSE payable, the Client s liability shall be limited to the cost of the actual damage/s as evaluated by an expert in addition to administration and surveyor fees, estimated loss of use of the motorbike/atv together with any other costs or fees arising as a result of the particular circumstances of the case. The client shall be required to remit a Security deposit guarantee for the equivalent FSE, PSE, optional insurance/s, charge/s, damages to vehicle, extension of rental, and any other service/s as requested by him or as provided in this Agreement. The client also authorises The Renter, or their authorised representative, to debit the Client s account, debit or credit card with the FSE relative to the vehicle category in the event of any incident caused to, or by, the motorbike/atv during the period of lease, and in view of this, the Client is presently, together with this agreement, signing the relative credit/debit card pre-authorisation form, authorising The Renter to proceed in the manner provided. The Client, acknowledges that his pre-
authorised account will remain blocked in this manner for a minimum period of fourteen (14) working days from the moment of pre-authorisation. Provided that, if the Client is not a credit/debit card holder, the Client shall be paying a deposit in cash to The Renter, who accept, equivalent to the FSE or PSE or a minimum amount agreed on, which, saving the balance of one hundred Euro ( 100), shall be refunded within twenty-four (24) hours from the termination of the lease and the return of the motorbike/atv. The remaining balance, as aforesaid, shall be refunded to the Client via bank transfer within a thirty (30) working day clearance period. All fees, charges, bank details and any other impost shall lie exclusively to the charge of the Client. An administrative fee to the amount of Fifty Euro ( 50) shall be charged to the Client for each and every contested credit/debit card transaction and/or Pre-Authorisation by the Client, in the event that the contestation shall be without just cause or be without merit. An administrative fee to the amount of fifty Euro ( 50) shall be payable by the client in the event of any insurance claim that shall have to be filed with the Insurer. An administrative fee of twenty Euro ( 20) shall be charged, and by way of addition to the value thereof, for every traffic contravention paid by The Renter. An administrative fee of five Euro ( 5) shall be charged for every CVA instance billed to the lease motorbike/atv. Any personal belongings left in any motorbike/atv leased by The Renter to the Client, whether during the lease or after it s termination, remain, at all times, the sole responsibility of the Client and no liability for any loss, damage or theft of any item belonging to the Client, his dependant s or guests may be imputed to The Renter and, to this effect, the Client shall hold The Renter harmless for any such loss, damage or theft as the case may be. The company employs a Prepaid fuel policy on all motorbikes/atv s. Motorbikes/atv s are provided to Clients at the commencement of the rental with a full tank of fuel irrespective of the duration of hire. The lessee shall not be reimbursed and no refunds shall be given, for any fuel that is left unused in the vehicle. Any valeting services carried out on the motorbike/atv during the tenancy of the lease, such as refuelling, detailing of the exterior shall be at the charge of the Client. The company furnishes Clients with motorbikes/tv s that are in good mechanical order and maintained to the highest standards, and these shall be returned to the Company by the Client, save for ordinary wear and tear, in the same condition that they were hired to them. Clients shall notify the Company of any defects or problems with the motorbike/atv in their possession within the first few kilometres of driving, otherwise vehicle will be deemed free of any malfunction or defects. No claim by the Client shall be entertained for any compensation resulting from any defect, whether real or presumed, reported by the Client at, or within close proximity to, the end of the lease. The Company may, at its own option, elect to seek compensation for any damages caused to the motorbike/atv in view of any failure of the Client s obligations under this Agreement in general.
The Company may, at its option, charge the Client for any loss incurred to the motorbike/atv or the lease, resulting from, but by no means exclusively due to, damages to the motorbike/atv or any of its accessories occurring during the lease or excessive soiling of the exterior or interior of the motorbike/atv, wrong fuel, punctures, split tyres, clutch damage, loss of keys, number plates, road licence, log book, off-road use. Administrative, local council, central government or government authority fees chargeable as a result of any loss or damage arising, shall lie at the charge of the Client, and any levy, impost or tariff imposed upon the Company as a result shall be charged directly to the Client. The Company leases motorbikes/atv s to the Client for a minimum period of twenty-four (24) hours, and no refund or reimbursement shall be given to the Client for an early return of the motorbike; Clients are allowed a grace period of sixty (60) minutes over the allotted time for return, following which the Client shall be charged for the next twenty-four (24) hour period. Further charges shall apply for any motorbike/atv that is abandoned in, or returned to, any location other than the Company s address, unless without prior written consent from the Company or any of its authorised representatives. The company provides, at the request of the Client, a motorbike/atv collection or delivery service, and this service shall be charged as provided for in the Brochure. The Company shall not be responsible, and the Client shall in this respect hold the Company or any of its authorised representatives harmless for any damage or loss resulting from any late delivery or collection of the motorbike/atv, as a result of force majeure or resulting from any other circumstance that is beyond the control of the Company. All rentals commencing between 16.59hrs and 07.59hrs, or on Sundays and Public Holidays are subject to a one time supplemental charge as specified in the Brochure. All violations of the Motor Vehicles Regulations during the tenancy of the motorbike lease or hire, are exclusively the responsibility of the Client, saving his right to recover the expenses of the contravention from any other individual who may, at the time of the commission of the offence, been driving the motorbike, in his stead. In furtherance the Company shall charge the cost of the fine or penalty resulting from the contravention to the Client s Security Deposit Guarantee, during the pendency or following, the period of rental, and the Company shall tender due receipt to the Client by any means, of the payment of the fine imposed. In the event that the Client has opted to pay the penalty himself directly, timely proof of payment of the penalty shall be required to be furnished to the company through one of its authorised representatives, failing which the Company shall proceed to charge the Client, and no refund shall be due unless due receipt has been tendered upon request, and in all events, prior to payment being effected by the Company. Motorbikes/atv s circulating in Valletta may be subject to a Controlled Vehicular Access charge, and the provisions of this agreement shall mutatis mutandis apply with regard to payments in respect of Controlled Vehicular Access. Motorbikes/atv s that have been reserved by the Client for rental from the Company shall be held for the Client for a period not exceeding eight (8) hours from the arranged pick-up time in the event of a
rental exceeding two (2) days in duration. Similarly, motorbikes/atv s shall be held for a period not exceeding three (3) hours from the agreed pick-up time, in the event of a rental not exceeding twentyfour (24) hours. In the event of a no-show or cancellation, the motorbike/atv shall be released forthwith and leased to the next available Client, and no refund of any monies deposited by virtue of reservation or prebooking, shall be due to the Client under any circumstance and for any reason whatsoever. Any deposit thus paid shall be forfeited in favour of the Company irrespective of the causes, in the event of force majeure or otherwise, of the cancellation or no-show as the case may be. Nevertheless, the rental shall be deemed to have commenced from the pre-arranged collection time as aforesaid, independently of the fact that the motorbike/atv shall have been collected at a later time. A cancellation of the rental of a motorbike/atv by the Client will attract cancellation fees to his charge. The cancellation fees, that are inclusive of any bank charges and rental processing fees, shall be regulated by the agreement, and any refunds due to the Client shall apply solely in the event that the Client has adhered strictly to the terms of the cancellation policy of this agreement. The Client shall be refunded one hundred per centum (100%) of the total rental cost and one hundred per centum (100%) on any extra services requested, if applicable, excepting for Bank and Rental Processing charges, sohowever only if the Client informs the Company in writing within a period of not less than fourteen (14) days prior to commencement of the rental. The Client shall be refunded fifty per centum (50%) of the total rental cost and one hundred per centum (100%) on any extra services requested, if applicable, excepting for Bank and Rental Processing charges, sohowever only if the Client informs the Company in writing within thirteen (13)days, but, by no means, less than eight (8) days, prior to commencement of the rental. The Client shall be refunded thirty per centum (30%) of the total rental cost and one hundred per centum (100%) on any extra services requested, if applicable, excepting for Bank and Rental Processing charges, sohowever only if the Client informs the Company in writing within seven (7)days, but, by no means, less than four (4) days, prior to commencement of the rental. The Client shall not be refunded for any part of the rental cost but shall solely be refunded one hundred per centum (100%) on any extra services requested, if applicable, excepting for Bank and Rental Processing charges, so however only if the Client informs the Company in writing within seventy-two (72) hours but, by no means, less than twenty-four (24) hours, prior to commencement of the rental. No refund of any nature shall be due to the Client for a voluntary downgrade of the rental. All refunds shall be effected in Euro currency, irrespective and independently of the currency of origin of the Client and the currency within which payment for rental or reservation was effected in. The Company reserves the right to modify, at its sole discretion and option, the terms of its refund and cancellation policy in favour of the Client, in the event of exceptional or special circumstances, as it deems fit. It is presumed that the parties hereof are entering this agreement in good faith, so however that the Company reserves the right to refuse any rental, reservation, booking or the hiring of any of it s vehicles to any person that it reasonably considers to not be a bona fide individual or to any person
who it reasonably considers incapable of having sufficient command and control of the motor-vehicle entrusted to him. In the event that any circumstance as explained above transpires, the Company shall charge the Client a processing fee equivalent to a twenty-four (24) hour rental or the value of twenty-five per centum (25%) of the total cost of the rental, whichever is the higher. The Company shall be held harmless by the Client for any disparity in the motorbikes/atv s between that shown on the Brochure and those actually provided to the Client. The Client has read and understood the General Terms and Conditions contained in this Agreement and the contents of the Brochure and the Insurance policy and declares that all these documents have been provided to him prior to the commencement of the rental. In today s age of IT, The Renter will communicate with our customers via email after termination of rental, in case of any Insurance Claims, Traffic Contraventions or other Issues as per Conditions of Agreement, to keep Our Clients updated with the outcome of such matters, so please make sure to give out a valid email address, as The Renter will not be held liable in the event that correspondence is not delivered to the Client. The Renter only uses Customer s details to process pending Issues between The Renter and Clients, we do not send unsolicited emails, nor do we pass on your information to third parties for financial gain. Laelamalta.com can use different suppliers of rental services in Malta and Gozo. [EC1]This has already been mentioned before so this article is being deleted. [EC2]This is all precontractual and therefore does not need to be mentioned in the agreement.