MOTORCYCLE - TRAVEL

 AGREEMENT

By signing this contract, both MOBILITI EXPEDITIONS, also referred to as "MOBILITI," and you (hereinafter "MT RENTER," "You," or "CUSTOMER") agree to accept these Terms and Conditions as a binding contract between MOBILITI EXPEDITIONS and yourself, as the Motorcycle Travel CUSTOMER. Please read these terms carefully. MOBILITI cannot accommodate any motorcycle rental customer without a duly signed Motorcycle Travel Rental Agreement, this contract, and a Credit Card Deposit on the day of the motorcycle pick-up.

GENERAL TERMS AND CONDITIONS FOR MOTORCYCLE RENTAL

This document supplements the "Motorcycle Travel Rental Agreement" signed between MOBILITI EXPEDITIONS Corporation (MOBILITI S.A.S, RUC number 0195102295001), hereinafter referred to as the “MOTORCYCLE TRAVEL RENTAL PROVIDER,” and the “CUSTOMER” (as specified in the attached "Motorcycle Rental Agreement") for the rental of a vehicle with the specified characteristics (“VEHICLE”). The CUSTOMER agrees to and undertakes to comply with the following conditions:

SECTION ONE – USE OF THE VEHICLE

1.       Vehicle Condition and Inspection

The CUSTOMER acknowledges receipt of the vehicle in perfect working condition and has conducted an INSPECTION, confirming that lights, tires, brakes, suspension, and steering are functioning properly.

2.       Safety Precautions

The CUSTOMER understands the inherent dangers of motorcycle riding, which can result in death or serious injury. Therefore, the CUSTOMER agrees to use the necessary safety equipment, including helmets and protective gear.

3.       Additional Driver

An additional driver is allowed (at an additional cost) and must be present at the time of vehicle rental to provide necessary personal documentation.

4.       Proper Use of the Vehicle

The CUSTOMER agrees to use the VEHICLE according to traffic laws and regulations. The VEHICLE shall not be used for:

Ø  Transporting passengers for compensation.

Ø  Towing or pushing any vehicle or object.

Ø  Participating in competitions or races.

Ø  Transporting illegal goods or engaging in unlawful activities.

Ø  Committing crimes or aiding offenders.

Ø  Transporting more passengers or goods than the VEHICLE's capacity.

Ø  Engaging in dangerous, aggressive, or reckless driving.

Ø  Taking the VEHICLE outside of Ecuador without written consent from the MOTORCYCLE TRAVEL RENTAL PROVIDER.

 

5.       GPS Tracking

The CUSTOMER is aware of the GPS tracking device installed on the vehicle and agrees not to alter or disconnect it.

SECTION TWO – CONDITIONS OF CONTRACT

Driver Requirements

All drivers, including additional drivers, must be at least 18 years old and possess a valid motorcycle license issued by the appropriate authority in Ecuador or the country of residence. The license, ID card, or passport (for foreigners), and a valid credit card must be presented at the time of rental.

Security Deposit

The RENTER will provide a security deposit of up to USD $2,500.00 per motorcycle, authorized by a valid credit card.

Extended Rental Period

If the CUSTOMER wishes to extend the rental period, they must obtain written permission from the MOTORCYCLE TRAVEL RENTAL PROVIDER and make the necessary payment in advance.

SECTION THREE – VEHICLE MAINTENANCE

Responsibility for Maintenance

The CUSTOMER is responsible for maintenance, repairs, and accidents during the rental period. The CUSTOMER agrees to inspect the bike before each use and ensure it is in good condition.

Reporting Damage

The CUSTOMER must immediately report any damage or mechanical problems to the MOTORCYCLE TRAVEL RENTAL PROVIDER and is responsible for mechanical damage due to negligence or lack of maintenance.

Return Condition

The CUSTOMER agrees to return the VEHICLE in the same condition as received during the initial INSPECTION.

Retrieval Fee

If the MOTORCYCLE TRAVEL RENTAL PROVIDER retrieves the VEHICLE due to a contract breach, a fee of USD $100.00 plus $0.50 per kilometer driven will be charged.

SECTION FOUR – LIMITATIONS OF LIABILITY

No Medical Coverage

The MPORTCYCLE TRAVEL RENTAL PROVIDER does not provide medical coverage or insurance.

Accident Liability

The CUSTOMER relieves the MOTORCYCLE TRAVEL RENTAL PROVIDER of liability for any accidents involving the CUSTOMER or companions.

Loss or Damage of Property

The MORTORCYCLE TRAVEL RENTAL PROVIDER is not liable for loss or damage to objects left in the vehicle or at the MOTORCYCLE TRAVEL RENTAL PROVIDER’s offices.

Performance and Contract Terms

The MOTORCYCLE TRAVEL RENTAL PROVIDER is not responsible for any adverse effects on the CUSTOMER´S interests related to the vehicle’s performance or contract terms.

Contract Termination

The MOTORCYCLE TRAVEL RENTAL PROVIDER reserves the right to terminate the contract if the CUSTOMER fails to comply with any contract provisions, retaining any received payments.

SECTION FIVE – VEHICLE RETURN

Return Location

The CUSTOMER agrees to return the VEHICLE to the rental office or another specified location. The motorcycle travel rental agreement is considered terminated once the VEHICLE, accessories, and keys are returned.

Fuel Requirement

The VEHICLE will be provided with a full tank of fuel and must be returned with the same amount. Failure to do so will incur a charge of $5.00 per gallon.

Security Deposit Return

The security deposit will be returned within three weeks after the VEHICLE's return, pending confirmation of no damage or traffic infractions.

SECTION SIX – PAYMENTS

Reservation Deposit

A deposit of 50% of the total tour price is required at booking. The remaining balance must be paid before the rental pickup date.

Cancellation Policy

Ø  Cancellations 90 days or more in advance are refundable minus 10% of the total reservation rental price.

Ø  Cancellations between 60 -89 days in advance are refundable minus 30% of the total reservation rental price.

Ø  Cancellations between 31-59 days in advance are refundable minus 50% of the total reservation rental price.

Ø  Cancellations less than 30 days in advance are non-refundable.

Ø  No Show applies a penalty of 100% of the total reservation price of the rental or tour. 

No Refunds Post-Rental

No refunds will be issued once the rental has started, except as explicitly described in the contract.

Additional Charges

The CUSTOMER agrees to pay:

The general rental price and any additional fees as outlined in the Rental Agreement.

Up to USD $1,500.00 for damages or theft, as determined by the MOTORCYCLE TRAVEL RENTAL PROVIDER.

Penalties for any legal violations, plus a $100.00 fine for each infraction paid by the RENTAL PROVIDER.

Rental fees during vehicle repair periods.

SECTION SEVEN – JURISDICTION

Any disputes arising from this contract will be submitted to the Mediation Center of the Judiciary of Cuenca, Azuay or Quito, Pichicha If mediation fails, the dispute will be handled by the civil judges of Cuenca, Azuay or Quito, Pichicha under the shortened procedure for amounts less than $5,000.

SIGNATURES - CONTRACT SUBSCRIPTION  NOTE: This document will be signed prior to the tour at the MOBILILI offices and will be provided in two copies: one for the client and one for the company.

 

TERMS AND CONDITIONS

This document is attached as an enabling document to the motorcycle rental agreement entered into by MOBILITI S.A.S. (COMPANY) and (CLIENT).

Form of Contracting:

a. To contract any of the services and modalities offered by the COMPANY (a. motorcycle travel rental, b. motorcycle travel rental with route, or c. motorcycle travel rental with guide and tour), the CLIENT must make their reservation exclusively through the website: www.mobilitiexpeditions.com. If the reservation request is made via email or another means, it will also be redirected to the website: www.mobilitiexpeditions.com, where the relevant documentation for each type of service must be uploaded, and the supporting and discharge documents detailed there must be signed.

b. Reservations for any of the services and modalities offered by the COMPANY (a. motorcycle travel rental, b. motorcycle travel rental with route, or c. motorcycle travel rental with guide and tour) can only be made through the website: www.mobilitiexpeditions.com, as this platform is designed to contain all the travel options, services, and assistance the CLIENT may need, and that the COMPANY can facilitate.

Payments and Payment Methods:

a. Once the CLIENT signs and uploads the relevant documentation through the website: www.mobilitiexpeditions.com, the COMPANY will generate a voucher/invoice for the total value of the contracted service, which will be paid in one of the following ways:

i. Full payment in a single installment;

ii. Payment in two installments, according to the following schedule:

1. 50% of the voucher/invoice within a maximum period of 24 hours from its issuance, generating and guaranteeing the reservation of: (a. motorcycle travel rental, b. motorcycle travel rental with route, or c. motorcycle travel rental with guide and tour)

2. 50% of the voucher/invoice within a maximum period of 30 days before the start date of the contracted service.

 

 

 

Contracted Services:

a. Once the CLIENT signs and uploads the relevant documentation through the website: www.mobilitiexpeditions.com, the COMPANY will generate a voucher/invoice for the total value of the contracted service(s), documents which will contain the detailed description of said service, including at least the following:

i. Details of the contracted service (a. motorcycle travel rental, b. motorcycle travel rental with route, or c. motorcycle travel rental with guide and tour):

ii. Start date of the service:

iii. End date of the service:

iv. Amount to be paid:

v. Payment method:

vi. Start location of the service:

vii. End location of the service:

viii. Does it include basic equipment? YES ( ) NO ( )

b. Products/services/assistance not detailed in said document(s) will not be considered included and must be paid for at the time of returning the motorcycle.

Cancellation of Services by the CLIENT:

a. The CLIENT may withdraw from the contracted services at any time. However, depending on when this is done, the following charges will apply:

       i.          Cancellations 90 days or more in advance are refundable minus 10% of the total reservation price of the rental or tour.

      ii.          Cancellations between 60-89 days in advance are refundable minus 30% of the total reservation price of the rental or tour.

    iii.          Cancellations between 31-59 days in advance are refundable minus 50% of the total reservation price of the rental or tour.

    iv.          Cancellations less than 30 days in advance are non-refundable.

     v.          No Show applies a penalty of 100% of the total reservation price of the rental or tour.

b. The values/percentages detailed in the previous section will allow the COMPANY to cover costs/expenses incurred in the planning and coordination of the contracted services.

c. No Refunds After Rental or Tour Start: No refunds will be issued once the rental or tour has started, except as explicitly described in the contract.

d. No Show Penalties: This service has a penalty if the passenger does not show up at the destination for reasons beyond our control. In the event of not traveling, please refer to the cancellation and No Show policies.

       i.          Cancellations 90 days or more in advance are refundable minus 10% of the total reservation price of the rental or tour.

      ii.          Cancellations between 60-89 days in advance are refundable minus 30% of the total reservation price of the rental or tour.

    iii.          Cancellations between 31-59 days in advance are refundable minus 50% of the total reservation price of the rental or tour.

    iv.          Cancellations less than 30 days in advance are non-refundable.

     v.          No Show applies a penalty of 100% of the total reservation price of the rental or tour.

Note: In case clients do not show up for the tour or vehicle rental or cannot travel for any reason or are deported due to immigration issues in each country, they will be considered as NO SHOW, and a 100% penalty will apply, as services are paid for before the passenger's arrival.

Cancellation of Services by the COMPANY:

a. If the service contracted by the CLIENT consists of a motorcycle rental with a guide, the COMPANY may cancel it up to 45 days before the start date, provided there are not at least 2 participants in addition to the CLIENT, as this minimum number of participants is an indispensable condition for providing the service with a guide.

i. If this occurs, the COMPANY will fully refund the amounts paid by the CLIENT.

b. For any other services, the COMPANY cannot cancel them, except for reasons of force majeure and/or unforeseen events, which, if they occur, must be duly justified and documented to the CLIENT.

i. If such events occur, the COMPANY will fully refund the amounts paid by the CLIENT.

 

 

CLIENT Responsibility:

a. By contracting any of the services provided by the COMPANY, the CLIENT agrees and commits to respecting traffic regulations, knowing that ignorance of these does not exempt them from responsibility, according to the laws in force in Ecuador.

b. The CLIENT also agrees to be responsible for any damage caused to third parties, understanding that riding the rented motorcycle is at their own risk, as an inherent factor in this activity.

CLIENT Responsibility Regarding the Motorcycle:

a. The CLIENT acknowledges receiving the motorcycle in perfect working condition and has conducted a proper inspection of the delivered vehicle, confirming that the lights, rims, and tires, tire pressure, suspension, brakes, steering, and oil levels are in correct condition.

b. From the moment the motorcycle is delivered to the CLIENT, the CLIENT assumes full responsibility for said vehicle, including for damages, accidents, and even theft resulting from their negligence.

c. In the case of damage, the CLIENT will be responsible for the costs of spare parts, repairs, and other costs determined in a report signed by an impartial third party or an expert.

CLIENT Responsibility Regarding Documentation:

a. It is the exclusive responsibility of the CLIENT to comply with passport, visa, health, and driving regulations.

b. Non-compliance with these regulations, and others that are the exclusive responsibility of the CLIENT, will not give rise to any indemnity or replacement from the COMPANY to the CLIENT.

Driving:

a. The CLIENT declares that they have a valid driving permit for the rented motorcycle. However, if it is verified before the trip starts that the driving permit presented by the CLIENT is insufficient for the rented motorcycle, the COMPANY may annul the contract and charge the corresponding amounts, depending on when this occurs.

b. The CLIENT declares that they have sufficient skills to ride the rented motorcycle.

c. The CLIENT agrees to use the necessary safety equipment, including helmets and protective gear.

Additional Driver:

a. The COMPANY allows an additional driver to use the motorcycle with an additional fee to the contracted service, presenting all the necessary documentation (Passport or Identity Document, valid Type A License, filling out the form with a signature, which the company provides as an additional driver).

Special Declarations:

a. The CLIENT makes the following declarations:

i. That they are in sufficient physical condition to ride the rented motorcycle;

ii. That they understand and accept that they cannot consume alcoholic beverages or narcotics while riding the rented motorcycle;

iii. That they understand the inherent risk of riding a motorcycle and, assuming this risk, release the COMPANY from liability for damages and/or accidents they may suffer, except for those caused by a defect in the motorcycle attributable to the COMPANY;

iv. That they accept that unjustified delays and/or failure to appear at the COMPANY's premises on the agreed date for the trip start allow the COMPANY to terminate the contract signed between the parties;

b. The CLIENT is responsible for the care of their personal belongings, and by assuming this responsibility, releases the COMPANY from any matters related to their personal items.

The COMPANY makes the following declarations:

a. That it has acted with due diligence in preparing the service to be provided to the CLIENT (a. motorcycle travel rental, b. motorcycle travel rental with route, or c. motorcycle travel rental with guide and tour);

b. That it will facilitate the CLIENT's contact and approach with any other service provider, provided it involves services of: transportation, accommodation, tourism guide, adventure tourism, and similar. This contact does not imply the assumption of responsibility by the COMPANY for these services, as it constitutes only a suggestion to the CLIENT, and it is the CLIENT who makes the final decision, except for the motorcycle rental with guide and tour service, in which case the terms and conditions will be different.

Insurance Policies:

a. The COMPANY will include, in any of the services provided (a. motorcycle travel rental, b. motorcycle travel rental with route, or c. motorcycle travel rental with guide and tour) the following insurance policies:

i. Third-party liability;

ii. Motorcycle damage;

iii. Motorcycle theft liability.

b. The COMPANY recommends that the CLIENT independently obtain the following insurance policies:

i. Coverage for cancellation expenses;

ii. Coverage for accident and/or medical or illness expenses;

iii. Coverage and travel assistance.

Authorization for Image Use:

a. The CLIENT authorizes the COMPANY to use photos, videos, and audiovisual material in which they appear and which the COMPANY collects during the execution of this contract.

Jurisdiction:

a. For all legal purposes of the contract signed between the parties and any other documentation generated by their commercial relationship, the jurisdiction will be the canton of Cuenca/Quito.

Connectivity:

a. This document of GENERAL TERMS AND CONDITIONS OF CONTRACT is attached to the motorcycle rental agreement signed between the parties as an enabling document, forming an integral part of it.