MOTORCYCLES ARE NOT TOYS AND CAN BE HAZARDOUS TO OPERATE. FAILURE TO OBEY INSTRUCTIONS, TERMS OR LOCAL TRAFFIC LAWS, CAN RESULT IN SEVERE INJURY OR DEATH, CONFISCATION OF VEHICLE, JAIL TIME, FINE AND/OR LOST DAMAGE DEPOSIT!
RENTAL TERMS AND CONDITIONS These Terms and Conditions are intended to regulate the contract established between Motolombia Tours and Rentals S.A.S (Motolombia) and the person who rents the motorcycle (Renter). The conditions are general and Motolombia reserve the right to any changes and specific agreements (to be established in writing)
Motolombia Tours and Rentals S.A.S is legally registered with the Colombian authority Camera De Commercio as NIT. No. 900.723.669-4 and licensed by the Ministry of Industry and Tourism with RMT no.: 3769.
1. PURPOSE OF THE CONTRACT
The purpose of the contract is to facilitate the temporary use by the Renter of a motorcycle owned or administered by Motolombia. Motolombia declares that to the best of their knowledge the rented motorcycle is in safe condition, free from faults or defects affecting its safe operation under normal use.
2. MINIMUM RENTAL PERIOD
The minimum rental period is one day (24 hours). Pick-up available any time after 8 AM on week days and Saturdays. All returns must be complete before 10 AM on the day of return. Late return will result in charge of additional rental day to credit card provided as guarantee.
3. RIDER, AGE AND MINIMUM EXPERIENCE
The Renter must be over 20 years old and have at least one year of riding experience on a motorcycle of 500cc or larger. If the Renter does NOT have a valid motorcycle license and passport upon arrival it is considered a no show resulting in loss of deposit.
The rental rates are calculated and quoted to the Renter upon booking the rental. As a rule, these prices include unlimited kilometers, mandatory liability insurance and all applicable taxes. Various services are available for an additional cost.
5. RESERVATIONS AND PAYMENT TERMS
No booking is valid before 50% of the total rental price has been paid to Motolombia, and payment has been confirmed in writing by Motolombia. The balance payment must be completed prior to handover of the motorcycle.
6. AVAILABILITY OF THE MOTORCYCLE
Motolombia strive to ensure that you ride the motorcycle you are confirmed on. Unfortunately, at times, certain unexpected and uncontrollable situations arise. This includes, but is not limited to, mechanical failure, collision damage and theft. Should Motolombia not be able to replace a confirmed motorcycle with a similar size replacement or upgrade, a refund for the difference in service will be provided. This constitutes the maximum liability of Motolombia. During the rental Motolombia is not obligated to replace a damaged vehicle. Motolombia have the right to, at anytime, change prices, availability, limit rental and refuse any client to participate in any activity if Motolombia finds this to jeopardize the security or safety of the client, other clients, tour guides and other personnel, the vehicles and equipment or any third party. This includes, but not limited to, refusing handing over the motorcycle or limiting riding in certain areas.
Cancellation more than 60 days before rental is subject to a cancellation fee of $150 USD and the balance will be returned at renters expense. Cancellation up to 60 days prior to rental will be subject to a cancellation fee of 100% of the booking deposit. Cancellation must be made in writing. Motolombia is not required to make refunds once the rental period commences, regardless of the reason for you being unable to complete the rental period booked. Situations may arise where it is necessary for Motolombia to advance or postpone a scheduled rental and other travel arrangements. In that event, Motolombia do not assume responsibility for any resulting losses, expenses or inconvenience. In case of a cancellation the renter will be notified right away. Motolombia will refund payment, which will constitute the full settlement. Motolombia is not liable for any additional costs or losses incurred by the renter due to the cancellation. This includes, but not limited to, the cost of airline tickets, hotel reservations or automobile rentals.
You may request to reschedule your rental up to a 2 weeks before the start date, such changes are subject to availability of the motorcycle on the new dates and a payment of a rescheduling fee. The rate is 15% of the total value of the initial rental with a minimum of 100 USD.
9. HANDOVER AND RETURN
Handover and return of motorcycles are done at the Motolombia facility in Cali, Avenida 6 Norte #48N-48, Barrio La Flora, during normal office hours (Monday to Friday from 8 AM to 5.30 PM. Saturday 8 AM to 2 PM). Motolombia can only accept handover and return of the motorcycles on Sundays and Public Holidays with prior written agreement. Returns at other locations including other cities are available with prior written agreement and a return transport fee will be calculated on a case by case basis depending on the location, date and cost of return transport.
10. RENTAL TERM
The rental vehicle shall remain the property of Motolombia. The rental ends on the day, time and place set forth in the details of the contract. If the Renter wants to extend the rental period they need to contact Motolombia right away and with at least 24 hours notice. Motolombia may or may not authorize an extension. If Motolombia does not authorize the extension, and the Renter does not return the motorcycle on the day, time and place established, the motorcycle will be reported as missing to the authorities and the Renter could face legal consequences.
11. MOTORCYCLE CONDITION
Motolombia must deliver the motorcycle in good and safe technical conditions for circulation and make sure that all documents of the motorcycle are up to date and valid for the entire period of the rental. A motorcycle condition report will be made by an authorised mechanic before and after each rental. Any damages or mistreatment concluded and quoted in the return condition report are final and provide the basis for a possible charge to the Renters credit card.
12. RENTERS LIABILITY
The Renter must ensure that they are legally entitled to drive a motorcycle. A valid license must be presented by the Renter. This license must be valid in the countries where the Renter will ride the motorcycle. The Renter is responsible for all fines, penalties and legal fees for traffic violations or other breaches of the law during the rental period of the motorcycle. Motolombia is authorised to charge the Renters credit card for any penalties and fines that occur during the rental and can deliver the identity and other personal information regarding the Renter to the local authorities if asked to do so. An administration fee of $50 USD will be charged in connection with every traffic violation, plus the cost of the fine.
It is the Renters responsibility to ensure that the rented motorcycle:
a) Shall be used according to manufacturer’s recommendationsb) Shall be used in full respect of highway codes of the countries in which it is riddenc) Shall not be used negligentlyd) Shall not carry more passengers than the approved capacity allowse) Shall not be used for racing or competitionf) Shall not be used for illegal purposesg) Shall not carry more weight than allowed.h) Shall not be used by anyone except by Renter stated in the rental contracti) Shall not be used if the mechanical condition is deemed unsafej) Shall not be used after consumption of illegal drugs or alcohol or other substances that could affect mental state of the riderl) Shall not be used when the Renters physical conditions are weakened by fatigue, injury or illness.
13. INSURANCEMandatory Liability insurance is included in the rental in all countries where such insurance is required. In Colombia the mandatory liability insurance SOAT covers injuries to rider, passenger or third party in connection with the motorcycle. It does not cover 3rd party property, nor damages or theft of the rental motorcycle.
In addition to the included mandatory 3rd party insurance, an Optional Motorcycle Damage and Theft Liability Reduction Insurance is available that will limit risk towards loss, damage and theft of the rental bike during the entire trip.
There is no reason to pay double if you are already covered. We recommend that you check with your own insurance company first to find out if your Travel Insurance or Personal Property Insurance already covers damage and theft of rental vehicles. Some Credit Cards also offer good coverage for such incidents if you pay the rental using your Credit Card.
How does the Optional Motorcycle Liability Reduction Insurance work?By purchasing the Optional Motorcycle Damage and Theft Liability Reduction Insurance for $25 USD/day you can limit your responsibility towards loss, damage or theft of the rental motorcycle to a set deductible value that is equal to approximately 10% of the commercial value of the motorcycle in Colombia.
Size of the deductibles:
If you decline this insurance you are responsible for the full value of the motorcycle and all expenses including, but not limited to, recovery, loss, damage or theft of the bike. In case of loss, damages or theft of an insured rental motorcycle and/or accessories, the Optional Motorcycle Liability Reduction Insurance will cover expenses that exceed the deductible. The insurance does not cover recovery of the bike in case of un-repairable damages made to the bike and the Renter is solely responsible for all costs involved with returning a damaged bike to Motolombia in Colombia. Motolombia will go above and beyond to help recover damaged bikes at as low cost as possible and often at no cost at all if on tour with a support truck.
The insurance reduces, but does not eliminate responsibility for damage or theft and it will not protect you if you provide fraudulent information, use the vehicle in connection with conduct that could be properly charged as a felony, drive under influence of drugs or alcohol, reckless driving, use the vehicle in a speed test or contest, or if the vehicle is driven by a person other than the driver authorized on the contract. The Renter must comply with all terms and conditions in the rental contract and local laws. Police or other authorities might demand a blood test in connection with an accident. Result there of might be used by the insurer to determine insurance settlements. Personal and third party property is not covered by this insurance.
14. ADDITIONAL EQUIPMENT
Optional accessories such as helmets, luggage systems, tank bags and other riding equipment are not covered by the insurance. The cost to repair or replace due to damage, loss or theft will be sustained by the Renter.
The motorcycle is rented from Motolombia with a full fuel tank and must be returned in the same way. The return of the motorcycle without the full fuel tank will be subject to a refueling fee of $20 USD plus the cost of the fuel.
The motorcycle will be delivered by Motolombia with tires, brake pads and the general maintenance in perfect conditions ready for normal use. In the case of rental periods longer than 7 days the Renter is responsible for checking the oil level and brake pads and notifying Motolombia in case of excessive wear.
16. MECHANICAL FAILURE
In the case of a mechanical failure, you must contact Motolombia immediately stating your location accurately and with detailed information about the failure. If repair is necessary and possible, you must obtain Motolombias consent before making any repair. If repair is not possible, Motolombia will seek to replace the damaged motorcycle at the earliest possible opportunity. If for any reason the replacement is not possible, Motolombia shall reimburse you for the rental days not enjoyed. In the event of mechanical failures caused by falls, accidents or negligent use, Motolombia is not responsible for replacing the motorcycle or any reimbursement or recovery of immobilized motorcycle.
17. PROCEDURE IN CASE OF INJURY OR ACCIDENT
In case of accident or injury, the Renter is required to immediately notify Motolombia by phone. Towing services and/or repair should only be called when agreed by Motolombia. Police and rescue resources must be notified immediately in the event of an accident. Note the names, addresses, phone numbers, driving license numbers and issuing authorities, brands, models and colors registrations of vehicles, details of insurance (insurance company and policy number). Also the contacts of any eye witnesses should be collected, braking marks, and all the information that contributes to the correct and complete understanding of the sequence of events.
Motolombia shall provide the keys corresponding to motorcycle and luggage if applicable. No duplicate will be provided. The Renter is responsible for the security of the keys during the rental period and must return all keys at the end of the rental. Motolombia is not responsible for damage arising from loss, theft or damaged keys that may cause the premature interruption or end of the rental period contracted. The loss of a key incurs a fee for replacement keys of up to $300 USD.
Motolombia shall provide all documents necessary for the circulation of the vehicle in particular copy of the rental contract, registration, proof of ownership and proof of insurance. Renter is responsible for these documents during the rental period and should return all documents at the end of this period. The loss of any of these documents incurs a fee of $50 USD per document plus cost of replacement.
20. PHOTOS AND VIDEO
Photos and videos produced by Motolombia or its representatives are the property of Motolombia. The copyrights rest with Motolombia. Motolombia can use all such material for advertising and marketing purposes, including images in which you can be recognized, without any charge arising for Motolombia for the use of this material.21. ACCEPTANCE
I have read and accept the terms and conditions of Motolombia. I’m aware of the risks involved in riding a motorcycle and that traffic conditions, roads, weather and other conditions as well as the actions of other riders can influence and magnify the risks. I accept these risks. Furthermore I agree and understand that Motolombia is not the guardian of my safety and they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or my participation in connection with any tour or rental, which might result in injury, death or other damage to me, my property, or my family, heirs, assigns, or others.
22. COMPETENT COURT
Both the Client and Motolombia agree that all disputes arising from this contract shall be resolved exclusively in the District Court of the Cauca Valley in Cali, Colombia.