Rental Terms and Conditions Motor Venray BV

Motor Venray B.V.
De Hulst 1
5807 EW Venray

GENERAL TERMS AND CONDITIONS OF RENTAL:

1a. Determination of the rent and rental periods:

The rental agreement is entered into for the period and at the rate agreed upon in the rental agreement, with full and unconditional acceptance by the renter of all rental conditions.
The rental period ends when Motor Venray B.V. has inspected the motorcycle for damage and/or defects and when both the motorcycle and all other associated rented items, such as helmet(s), keys, forms, and any clothing, have been received by Motor Venray B.V. in undamaged condition.
The renter undertakes to take care of the sealed connection points. If the seal is broken or the meter becomes defective without this being reported immediately by telephone, Motor Venray B.V. will be obliged to charge a minimum of 1000 kilometers driven and, if necessary, repair and sealing costs. All Motor Venray B.V. motorcycles are equipped with anti-theft security devices.

1b. Rental periods:

Motor Venray applies the following rental periods:
Daily rental: 9:00 a.m. on the start date until 8:30 a.m. on the following working day.
Return on Sunday evening negotiable.

1c. Cancellation by the tenant:

• In the event of cancellation of the rental agreement by the renter, the following rules apply:
  In the event of cancellation within 6 to 3 days before the start date of the agreement, the rental fee will be converted into a voucher for motorcycle rental.
• If canceled 2 days before the start date of the agreement, the tenant is obligated to pay 100% of the expected bill.
• Cancellation without notification always obliges the tenant to pay 100% of the expected bill.

2. Extension of the lease agreement:

The renter undertakes to return the motorcycle (and other rented items) to Motor Venray B.V. no later than the date and time specified in the rental agreement, unless the renter has requested an extension of the rental period and this extension has been granted by Motor Venray B.V. The same rental conditions will remain in force for the aforementioned extension.

3. Exceeding the rental period:

If the motorcycle is not returned to Motor Venray B.V. within the period specified in the rental agreement (including any extension), Motor Venray B.V. shall have the immediate right to repossess the motorcycle, whereby the rental shall continue under the same conditions until the day on which the motorcycle is back in the possession of Motor Venray B.V. This means that the rental price is due for each day or part of a day, increased by €25.00 per hour. These amounts are exclusive of any damage and costs incurred by Motor Venray B.V., to which the renter agrees by signing the rental agreement. This arrangement applies unless the renter can demonstrate that the rental period was exceeded due to causes not attributable to the renter, such as the technical condition of the motorcycle at the time the rental agreement was entered into.

4. Settlement of rent, deposit, and identification:

When picking up the rental motorcycle, the renter must pay a deposit of €1250. This can be done by debit card or cash.

Double identification is mandatory in this case.
If necessary, Motor Venray B.V. may request proof of address from the renter by means of a recent bank statement.

5. Costs during the rental period:

During the period that the tenant has use of the motorcycle, the costs associated with its use, such as fuel and storage, shall be borne by the tenant.

6a. Use of rental motor:

The renter must be at least 18 years old and have a valid driver's license valid for the category to be rented. To rent a motorcycle with 125 hp or more, the minimum age is 24! Only the person named in the rental agreement may drive the motorcycle. If used by anyone other than the renter, the motorcycle is NOT insured and the renter remains jointly and severally liable. The renter and driver are therefore ALWAYS the same (legal) person. Subletting the motorcycle is not permitted. The renter must ensure that the motorcycle is treated and cared for properly and used in accordance with its intended purpose, exclusively on paved roads, and that the motorcycle is protected from overload and damage. It is not permitted to use the motorcycle for circuit or off-road purposes.

6b. Use of rental motor (continued):

The renter must ensure that he/she, as the driver named in the rental agreement, possesses at all times the knowledge and the physical and mental condition necessary for proper driving.
It is not permitted to use the motorcycle for the transport of persons and/or goods for payment, for giving driving lessons, for competitions or reliability trials, or for towing trailers, sidecars, or other vehicles or materials. The renter is responsible for ensuring that the motorcycle is used normally and not in a manner that causes extreme wear and tear on parts such as brakes and tires. If an inspection reveals that this has been done, the costs will be borne by the renter. The renter must ensure that the oil level and tire pressure are checked regularly and, if necessary, adjusted to the applicable standards, and that the motorcycle is serviced on time (in accordance with the service schedule). The renter is obliged to return the motorcycle to Motor Venray B.V. in good condition. Failure to comply with this obligation may result in costs being charged, with a minimum of €25.00.
The renter receives the motorcycle with a full tank of gasoline, which must be full again when returned. Returning the motorcycle without a full tank will result in a fixed charge of €50.00. If the rental period/time is exceeded, €25.00 per hour will be charged. The odometer cables are sealed. If these are broken, Motor Venray B.V. will be obliged to charge a minimum of 1000 kilometers per day and, if necessary, the repair and sealing costs. All motorcycles Motor Venray B.V. are equipped with anti-theft devices.

7. Rates:

The rates include VAT, comprehensive insurance, green card, and roadside assistance, including repatriation.

Excluding fuel and helmet(s) and/or clothing rental. The number of free kilometers is as follows.
Daily rental: 150 km free. After that, a surcharge of €0.24 per kilometer applies.

8. Repairs and maintenance:

The costs of repair work exclusively as a result of wear and tear and maintenance are borne entirely by Motor Venray B.V. The costs of repairing flat tires are borne entirely by the renter. When replacing tires where the cause is not due to normal wear and tear (e.g., a blowout), the renter and the rental company will each pay 50% of the price of the new tire. This does not apply to tire defects caused by driving over obstacles, in which case the costs will be borne entirely by the renter. Maintenance and repair work must be carried out by Motor Venray B.V. If this is not possible, you must contact Motor Venray B.V. We are available 24 hours a day. This also applies to cases occurring abroad. If you receive permission for repairs, it will be determined in consultation who (which company) will carry out the repairs. After approval by Motor Venray B.V., the renter must submit a detailed invoice and receipt for only the costs paid by the renter.

In the case of repairs abroad approved by Motor Venray B.V., the costs of the repair will be reimbursed based on the price level of recognized repair companies. This reimbursement will never exceed the actual costs incurred. If parts are replaced by third parties (after approval), the old parts must be returned to Motor Venray B.V. Any transport costs associated with this shall be borne by Motor Venray B.V. Repairs carried out without the permission of Motor Venray B.V. shall ALWAYS be borne by the renter.

9a. Insurance, third-party liability insurance:

Motor Venray B.V. declares that motorcycles has been taken out for the motorcycles that meets the requirements set by or pursuant to the Motor Vehicle Liability Insurance Act. However, the following remains at the expense of the renter, who indemnifies Motor Venray B.V. in this regard:

• damage to third parties that is not compensated by the insurer for any reason whatsoever;
• damage to third parties which, although compensated by the insurer on the basis of the aforementioned Act
  , is not covered by the policy conditions (e.g. driving under the influence of alcohol, drugs, medication, etc.);
• any deductible, insofar as this has not been expressly reduced in the contract.

9b. Insurance, Comprehensive coverage:

The following shall remain at the expense of the tenant at all times:

• any deductible, insofar as this has been expressly reduced in the contract;
• any damage caused by use contrary to Article 6;
• total damage occurs when, at the time of the damage, the driver of the motorcycle was under the influence of alcohol, medication, or any intoxicating or stimulating substance to such an extent that he/she cannot be considered capable of driving the motorcycle properly;
• any damage caused by intentional acts or omissions on the part of the renter/driver and/or their passenger;
• total damage incurred while the driver does not hold a valid driver's license required for driving or operating the relevant type of motor vehicle, or while the driver's driving privileges have been revoked.

9c. Insurance, deductible:

The deductible can never be reduced to €0.00. The deductible applies per claim. You can reduce this deductible from €15.00 per day.

Reduce excess from €1,250.00 to €750.00. Costs €15.00 per day.

In the event of an accident involving multiple motorcycles Venray motorcycles , a double excess applies to all renters involved (motorcycles).
In the event of theft of the motorcycle, the excess for the renter is €1,250.00, plus business losses amounting to 14 days' rental costs. These risks in the event of theft cannot be bought off or reduced.

9d. Insurance, exclusions:

All insurance policies are taken out exclusively for the motorcycles. All other rented goods are excluded from this. The renter remains responsible for these at all times and, in the event of loss/damage, is liable for the full replacement value.

10. Damage:

The lessor guarantees that the motorcycle is in good condition at the start of the rental period. In the event of damage to or caused by the motorcycle covered by the rental agreement, the lessee is obliged to notify Motor Venray B.V.  immediately by telephone or within 24 hours at the latest and then follow the instructions of Motor Venray B.V., such as submitting witness statements and/or documents relating to the incident, together with a fully completed and signed claim form. In such cases, the driver of the rented motorcycle must have the police draw up a report or official statement.
The renter is obliged to compensate for this damage when returning the motorcycle. If the renter fails to comply with the above obligations in a timely manner and this would result in a loss of claims or the possibility of holding a third party liable, or would otherwise cause damage to Motor Venray B.V., the renter will be liable for this damage.

In the event of damage, the renter is always liable for the applicable deductible, even if there is no visible damage to the rented motorcycle. There are forms of damage for which full liability remains in force. In the event of damage, the deductible amount must be paid when returning the motorcycle. In the event of damage, the renter is NOT entitled to claim the damaged parts.

If the vehicle is returned with damage that renders it undriveable or with significant visual damage, at the discretion of the rental company, in addition to the repair costs or excess, an amount equal to the daily rental fee will also be charged for each day within the period during which the vehicle cannot be rented for this reason. If the vehicle has to be replaced due to theft or total loss, the number of days involved in replacing the vehicle will apply. (Maximum 14 days). These costs are not covered by the insurance or excess and are at the expense of the renter.

11. Damage caused by the tenant:

If it is impossible to continue driving the rented motorcycle due to a defect in the motorcycle that was already present at the start of the rental period or due to an accident through no fault of the renter, the renter is entitled to replacement transportation or a refund of the rental amount. Replacement transportation is only possible during opening hours and must be picked up at Motor Venray B.V. Other costs or damage will not be reimbursed. In all other cases where it is impossible to continue driving, the renter is not entitled to replacement transportation. Motor Venray B.V. is never liable for damage to luggage, however it may have occurred. The renter is expected to take out their own insurance to cover any possible damage. This also applies to personal belongings such as smartphones. Motor Venray cannot be held responsible for damage to personal phones used in the phone holders provided by Motor Venray. The use of a phone for navigation in the phone holder provided is at your own risk.

12. Business interruption:

The lessee is liable for any business losses suffered by Motor Venray B.V. insofar as these are caused by intent or gross negligence or gross fault on the part of the driver/lessee.
This is currently set at a binding amount for both parties, based on the objectively determined number of repair days multiplied by the daily rental price, reduced by 10% to take into account savings in costs and expenses incurred by Motor Venray.

13a. Indemnification Motor Venray

The renter indemnifies Motor Venray B.V. against all damage caused by any passengers or third parties for which Motor Venray B.V. may be liable and against all fines that may be imposed on the lessor in connection with criminal offenses committed by the driver and/or passenger during the rental period, unless the fines and/or compensation owed by Motor Venray B.V.  are the result of a defect in the motorcycle that was already present at the start of the rental period. The renter can never evade their obligations to Motor Venray B.V. in the event of the aforementioned errors.

13b. Fines:

All fines incurred by the renter during the rental period are at the expense of the renter. Motor Venray Verhuur B.V. is entitled to charge an administration fee of €25 per violation for processing the fine.

14. Advance payment:

The advance payment serves as compensation for the rental fee in the event that the renter does not use the motorcycle made available to him/her under the rental agreement, either in whole or in part. It also serves as compensation for costs and damage, which the renter is obliged to pay under the terms of the rental agreement, without prejudice to Motor Venray B.V.'s right to full compensation.

15. Termination of the lease:

Motor Venray B.V. is entitled to terminate the rental agreement without notice of default or judicial intervention and to regain possession of the motorcycle if, during the rental period, it appears that the renter is not fulfilling the obligations of the rental agreement, or is not fulfilling them on time or in full, in the event of death, placement under guardianship, application for a moratorium on payments or bankruptcy of the lessee, if the lessee moves abroad, if the relevant rented motorcycle is claimed by the government or if this motorcycle is seized, or if circumstances arise in the meantime of which Motor Venray B.V. was not aware at the start of the rental period. The tenant hereby authorizes Motor Venray B.V. or persons designated by it to check the location of the motorcycle or to take possession of it again. In the event that the motorcycle is retrieved by Motor Venray B.V., it retains all rights to recover from the tenant the costs incurred in this regard or the damage suffered as a result of the termination of the agreement.

16. Registration system:

The personal details of the renter are always recorded and stored. This is for cases in which the motorcycle is not returned, crimes or offenses are committed with the motorcycle that could cause damage to Motor Venray B.V., repeated damage is caused to the motorcycle by the renter/driver, or the rental price is not paid, not paid on time, or not paid in full.
Motor Venray B.V. reserves the right to make the personal data available to the police/lawyers, etc. in the above situations.

17. Other situations:

Motor Venray B.V. has the right to submit all circumstances not described that could lead to damage for Motor Venray B.V. and that are reasonably attributable to the lessee to the competent legal authorities. All legal and extrajudicial costs are at the expense of the lessee.

18. General terms and conditions:

• Before departure, check the motorcycle yourself for fuel and/or damage. (Renter signs for condition of motorcycle)
  Do not return with a full tank: fixed rate of 50.00 euros.
• The motorcycle must always be locked with a lock. During the rental period, the motorcycle you have rented must be kept in a locked space (locked) between 11:00 p.m. and 7:00 a.m. If this is not possible, the motorcycle must be secured with an ART category 4 or 5 chain or U-lock to a 4 or 5 approved wall or floor anchor or to a fixed object (e.g., a lamppost).
• Misunderstandings by telephone and/or verbally are ALWAYS at the expense of the tenant.
• The prices listed are valid from January 1, 2024. Prices are subject to change.
• Motor Venray retains copies of driver's licenses and/or passports for the purpose of traffic violations, etc.
• The abbreviated rental terms AND the detailed rental terms are inextricably linked, and the renter unconditionally agrees to both. (Renter signs for this)
• Burnout with a rental motorcycle is not permitted. If detected, a minimum fee of €500.00 will be charged, plus the costs of repairing and replacing the rear tire.

If improper use of the motor is detected, resulting in parts needing to be replaced, these will be charged to the renter.
If the vehicle is returned in an extremely dirty condition, a cleaning fee of €25 will be charged.

19. Rent clothing:

No motorcycle gear available? No problem, we rent helmets, motorcycle jackets, and gloves. (Only in combination with a rental motorcycle)
These rental items are not covered by insurance. In case of loss, theft, or damage, the full replacement price will be charged.

20. Obligation:

The tenant can never evade the obligations as described in the abbreviated and comprehensive rental conditions, even if he/she has not taken note of both rental conditions.

Motor Venray B.V. motorcycles the right at all times, without giving reasons, to refuse to rent out a vehicle.

PRIVACY STATEMENT MOTOR VENRAY B.V.

This privacy statement applies to the services of Motor Venray B.V. and explains how we handle our customers' personal data. Our contact details can be found at the bottom of this document.

We are responsible for ensuring that your personal data is processed in accordance with the General Data Protection Regulation and in a proper and careful manner.

When you use our services, such as renting a motorcycle, we ask you to provide personal data. We may also ask you for personal data during the performance of our services. Your personal data is necessary for us to provide our services to you and to perform the agreement concluded with you.

In addition, we use your personal data to inform you about (commercial) offers relating to our services, such as offers for motorcycles rentals. In connection with this, we may also provide your personal data to third parties. Your personal data may also be provided to third parties if this is necessary for the performance of the agreement, such as for invoicing. Your personal data will not be used for automated decision-making and will not be transferred outside the EU or to international organizations.

If you do not wish to provide us with personal data, you will not be able to use our services.

Your personal data will be stored in our CRM system. By entering into a rental agreement, you also agree that we may store your data. You have the right to access your personal data, the right to correct or delete your personal data, and you can ask us to restrict the processing of your personal data. You can also object to the use of your personal data or withdraw your consent for the use of your personal data. To do so, you can submit a written request to us using the contact details below.

If you disagree with the way we use your personal data, you can submit a report or complaint to the Dutch Data Protection Authority via https://autoriteitpersoonsgegevens.nl. 

You also have the right to transfer your personal data to another dealer, for example. This means that we will make your personal data available to you in a standard format. If you wish to make use of this option, you can submit a written request to us using the contact details below.

It goes without saying that we take appropriate technical and organizational measures to prevent the loss of personal data or unlawful processing.

This privacy statement applies to the agreement concluded with you and to the services we provide to you. Changes to our services or to laws and regulations may lead to changes in this privacy statement. Changes will be announced on our website. We therefore advise you to consult our website regularly at www.motorvenray.nl. 

Motor Venray B.V.
De Hulst 1
5807 EW Venray
0478 588 588