ANDELI Mototouring (hereinafter referred to as the LESSOR) hereby rents to the RENTER and the RENTER takes on rental the “Motorcycle” described overleaf subject to all the terms and provisions of this agreement and those published on the LESSOR’S website. The Motorcycle will be delivered to the RENTER in perfect condition, and free of any actual or legal defect. The RENTER will check the Motorcycle carefully and after finding it to be of his/her absolute liking, he will rent it without reservation.

1. DURATION

The duration of the present rental Agreement is expressly set.  Upon the expiry of the aforementioned period, and on the specified date and time, the RENTER is under the obligation to return the Motorcycle to the LESSOR at her above-mentioned headquarters, otherwise, s/he is obligated to compensate the LESSOR for any incidental and consequential damage caused.

Any change to the above delivery time and place of return of the Motorcycle may solely and exclusively be affected if all the following cumulative conditions are fulfilled, namely: a) a written notice of the RENTER to the LESSOR has been issued at least 48 hours prior to the expiry of the aforementioned rental period; b) the LESSOR has issued her consent to the above, in writing; and c) provided that the RENTER has paid in advance the additional charge that will be agreed upon.

In the event of a delay in the delivery of the Motorcycle on the part of the RENTER beyond the agreed rental period, the RENTER will have to pay an additional charge of €4,00 (Categories 1-4) or €8,00 (Categories 5-10) for each hour of delay. Any delay (to the due delivery time) of more than 2 hours will be charged as one additional rental day.

2. GUARANTEE

The RENTER will pay to the LESSOR by credit card a deposit guarantee, as a guarantee not only for the implementation of this Agreement but also for the diligent implementation of each and every one of the present terms, individually and as a whole. This amount will remain in the hands of the LESSOR and will be returned without interest to the RENTER upon the termination of the lease and the return and acceptance of the Motorcycle, and under the condition that the guarantee is not drawn down in her benefit, an event that, under explicit agreement, will occur not only in the case that even one of the present terms will not be implemented, but also if even one of the present terms will not be implemented diligently by the RENTER, given that all the terms herein are considered by the parties as major and substantial; and under the prerequisite that an estimation will have been made in relation to any breakdowns and damages to the Motorcycle, for which the RENTER is responsible, according to the present Agreement and the relevant legislation; and that the LESSOR has determined upon return that the Motorcycle is in the same condition as it was during its delivery to the RENTER.

Both parties agree that the deposit guarantee is a “guarantee of proper use” of the Motorcycle. The guarantee must be paid by credit card.  It is hereto agreed that, in case the amount of the guarantee is less than the amount of any damage and/or loss occurs during the rental period, the LESSOR has the right to charge the excess amount to the RENTER’s credit card, provided that the LESSOR has communicated in writing the analytical cost report of the damage and/or loss to the RENTER

3. RENTAL

It is hereto agreed that the rental charge fully corresponds to the rental value of the Motorcycle.

It is hereto agreed that the rental charge will be paid in advance, as follows: a) with a cash payment at the LESSOR’s headquarters; or b) with a credit card; or c) with a deposit made to the bank account No. 146/001189-48 (IBAN: GR52 0110 1460 0000 1460 011 8498) at the National Bank of Greece, in the name of the LESSOR. The payment of the above rental may be evidenced either by a printed receipt issued by the LESSOR, or by the relevant bank receipt pertaining to the deposit of said rental charge to the aforementioned bank account, excluding any other means of proof, including testimony under oath.

The rental charge does not include any amounts or expenses that are not expressly included in the present Agreement and which are borne, in their entirety, by the RENTER. These include, but are not limited to, the following: replacement of vehicle components due to loss, misuse, damage or deterioration, fines related to traffic regulations, fuel costs, tires replacement or repair, loss and/or damage of keys, locks, helmets, cases and any other loss and/or damage of equipment and accessories, for which there is no obligation of insurance cover on behalf of the LESSOR under the terms of the present Agreement.  In this case, the RENTER will be liable and obligated to indemnify the LESSOR for any loss or damage caused.

The RENTER will also be liable for the payment to the LESSOR of any amount that the LESSOR may be obligated to pay to any third party, which the currently applicable legislation stipulates that the RENTER is liable for, as well as for any fine that may be imposed to the LESSOR and which is due to unconventional or illegal conduct on the part of the RENTER, even if these are charged to her [the LESSOR’s] name or if they are charged following the expiry of the rental period and the return of the Motorcycle to the LESSOR, but which nonetheless date back to the rental period.

Regarding the above cases, the LESSOR has the right to charge the RENTER’s credit card, even in his/her absence, without the RENTER’s (or his/her card’s) “physical presence”.  The LESSOR will then inscribe the initials S.O.F. (signature on file) at the place of (instead of) the signature of the RENTER’s card and then send a copy with the amount charged to the RENTER at the address stated in this rental agreement.  In order for the amount charged to be paid by the bank, it has to be accompanied by this rental agreement, the damage repair invoice and the certificate of the acceptance of the damage signed by the RENTER.

The above rental charge is agreed upon on the condition that the total kilometres covered during the entire rental period do not exceed 250 kilometres per day (Categories 4-5) or 300 kilometres per day (Categories 6-10). For Categories 1-3 there is no mileage limitation.  The mileage will be determined from the indications of the odometer, starting on the acceptance of the Motorcycle by the RENTER and up until its return to the LESSOR and her repossession of it. In the event that said mileage limit is exceeded by the RENTER, the latter will pay the LESSOR an additional rental charge of 0,15€ per kilometre (Category 4), 0,20€ per kilometre (Category 5), 0,25€ per kilometer (Categories 6-8), 0,30€ per kilometer (Category 9), 0,35€ per kilometer (Category 10) covered by the Motorcycle in excess of the set mileage limit. The establishment of the mileage covered will take place at the same time as the return of the Motorcycle, when the relevant settlement of the outstanding balance will also take place. If it is ascertained that mileage in excess of the set limit has occurred, the RENTER will be obligated to pay the additional charges at the same time as the settlement of the outstanding balance.

It is prohibited to obstruct the operation of the odometer in any manner, as well as its repair. In the event of a violation of this condition on the part of the RENTER, the LESSOR has the right to determine the mileage according to her own free judgement, which will be binding for the RENTER.  The RENTER will be obligated to pay the additional charges based on the mileage estimated by the LESSOR.

4. DELIVERY – RETURN

The Motorcycle will be delivered to the RENTER today in perfect condition, and free of any actual or legal defect. The RENTER must check the Motorcycle carefully and after finding it to be of his/her absolute liking, s/he will take possession of it without reservation. Along with the Motorcycle, the RENTER will also receive a copy of its registration certificate and insurance certificate, a helmet, a safety lock as well as everything else that is expressly set out in the Vehicle’s Inspection Sheet, which the RENTER is obligated to return, at the same time when s/he will return the Motorcycle, to the LESSOR, in the same condition that s/he received them, and at the place and time agreed.

5. CONDITIONS OF USE

• The RENTER is entitled to use the Motorcycle solely and exclusively within the territory of the Hellenic Republic.

• During the rental period and in particular from the delivery of the Motorcycle to the RENTER up to its return and acceptance by the LESSOR, no other person is allowed to drive the Motorcycle except for the RENTER.

• Any engineering, technical or visual alteration of the Motorcycle, as well as partial or total sub-lease or the permission of its use to the third party under any condition, with or without trade, are prohibited without the written consent of the LESSOR.

• The RENTER must show the same diligence as for his / her own property in driving and using the Motorcycle; check its mechanical condition carefully, the oil and water levels, the tyres, etc.; be careful and take all appropriate measures for its correct and normal operation; as well as secure the Motorcycle with the handlebar lock and the additional safety lock furnished, when parked. S/he must immediately notify the LESSOR regarding any breakdown or damage to the Motorcycle during the rental period, as s/he will be held responsible for any harm caused to the LESSOR due to lack of or delayed notification.

• It is prohibited to the RENTER or any other person, even if requested to do so by the RENTER, to conduct any repair or work whatsoever on the Motorcycle, without the prior consent of the LESSOR.

• It is forbidden for the RENTER to use the Motorcycle:
  • In order to carry persons or goods for return payment;
  • For participation in any speed race;
  • For subleasing it to any third party;
  • To carry or move heavy luggage or objects, inflammable articles, filthy items, narcotics, weapons or any other equipment, where their possession or transport is forbidden by the currently applicable legislation or which may entail any risk to the safety of the Motorcycle or its passengers or to any third party, as well as to tow any other two-wheeled vehicles;
  • Outside Greece without the prior written consent of the LESSOR;
  • If the RENTER is under the influence of alcohol, hallucinogens, narcotics or any other substances that may affect his / her ability to drive;
  • In contravention of any traffic, customs or any other applicable regulation;
  • Without the RENTER wearing a suitable helmet and vision goggles;
  • On roads unsuitable for driving (i.e. gravel roads, off-road, under construction roads, race tracks etc.) ;
  • In excess of the context and the activities for which it has been leased under Article 1.
  • If the RENTER carries a pillion, then s/he will be held responsible for the safety of the pillion. Under no circumstances (i.e. in the event of an accident) can the LESSOR be held responsible and the RENTER’s pillion cannot make any claim whatsoever towards the LESSOR.   

6. ACCIDENTS

In the event of accident or any other incident, the RENTER is obligated to immediately observe the following procedure:

• Notify the LESSOR immediately;
• Take a note of the names and addresses of any eye-witnesses, as well as of any other person involved in these incidents;
• S/he must not accept any claim whatsoever put forward by any third party;
• Call the Police;
• Collect any relevant information from any third person, as well as any other document or item (for example, photographs, etc.) and send them to the LESSOR.

7. DAMAGES – THEFT – ABANDONMENT

The RENTER must fully reimburse any damage that may be caused to any part of the Motorcycle throughout the rental period, irrespective of the cause of the damage. Moreover, in case of theft of the Motorcycle, s/he must indemnify the LESSOR to the full market value of the Motorcycle.

In the event of non-contractual return of the Motorcycle or its abandonment by the RENTER, s/he must indemnify the LESSOR for any incidental and consequential loss or damage caused; the expenses pertaining to its search; the expenses for travelling to the place that it was found and its transport to the LESSOR’s headquarters; the fees for legal advisors and any court expenses; and in case the Motorcycle is not found or if it is stolen, to pay for all such related costs, plus its market value.

In the above cases, the RENTER must indemnify the LESSOR immediately, irrespective of any insurance coverage. In the case that the insurance company reimburses the LESSOR, the latter is obliged to return the amount paid by the RENTER, if the damage has been entirely covered.

The above rental charge does not include any amounts or expenses that are not expressly included in the present Agreement and which are borne, in their entirety, by the RENTER. These include, but are not limited to, the following: replacement of vehicle components due to misuse, damage or deterioration, fines related to traffic regulations, fuel costs, tires replacement or repair, loss and/or damage of keys, locks, helmets, cases and any other loss and/or damage of equipment and accessories, for which there is no obligation of insurance cover on behalf of the LESSOR under the terms of the present Agreement.  In this case, the RENTER will be liable and obligated to indemnify the LESSOR for any loss or damage caused.

8. INSURANCE COVERAGE

The LESSOR provides basic civil liability insurance, covering personal injury and property damage to third party, (Categories 1-4) and insurance against theft (Categories 5-10) for this Motorcycle. The insurance coverage is specified in the corresponding insurance policy for the Motorcycle, a copy of which has been issued to the RENTER.

Beneficiary of the indemnity in case of occurrence of insurance risk is the LESSOR for the duration of the rental period; excluding any death risks covered, total disability, partial disability and hospitalisation, where the beneficiary of the corresponding indemnity is the RENTER, and where the indemnity will be forwarded to the related entitled physical persons.

The RENTER shall bear the full cost of indemnifying the damages to either the leased motorcycle or to third parties for those causes for which the RENTER is responsible and (cumulatively) for those in respect of which there was no obligation of insurance cover on behalf of the LESSOR under the terms of the present Agreement.

It is explicitly mentioned that the insurance coverage does not include any damages that may occur due to terrorist activities, thus the RENTER is obligated not to participate in any kind of demonstrations or protests and always take all necessary measures in order to maintain and protect the Motorcycle.

In case the RENTER wishes to state an additional driver, then s/he must state his/her name and complete credentials. The second driver must present his/her Driver’s License and sign a statement declaring that s/he has been fully informed on the terms and conditions of this rental agreement and that s/he bears the same obligations as the RENTER against the LESSOR.

9. FUEL

The cost of fuel will be fully borne by the RENTER. The latter is obliged to return the Motorcycle to the LESSOR with the fuel tank filled to the same level as that at the time of its delivery. If not, /she will be charged with the amount corresponding to the extra fuel consumed.

10. TRAFFIC VIOLATIONS – FINES

The RENTER is fully responsible before any relevant authority for any traffic violation in which s/he may be involved. In such a case, any fine or penalty imposed will exclusively refer to and be paid by the RENTER, as the LESSOR will not bear any responsibility whatsoever.   

11. WAIVER

The LESSOR may be held reliable only in case of fraud or gross negligence. In any other case (to include failure, coincidence or force majeure) the LESSOR will not bear any responsibility and no claim can be raised against her.

12. DELEGATION OF RIGHTS

The LESSOR is entitled, at her own full discretion and upon written communication to the RENTER, to delegate her rights to any natural or legal third person that will substitute the LESSOR, without any exception to all her rights and obligation, deriving from this private motorcycle rental Agreement.

The RENTER is not entitled to delegate any of his/her rights or obligations deriving from the present private motorcycle rental Agreement.

13. OWNERSHIP – POSSESSION

The Motorcycle remains for the whole rental period in the full ownership and possession of the LESSOR. This Agreement is exclusively and indivisibly a rental agreement; the RENTER accepts that s/he does not have nor does s/he obtain any other rights, except for those restrictively described in the present Agreement. The RENTER is forbidden to concede in any way, provide the use or establish any type of rights on the Motorcycle for the benefit of any third party. The RENTER is not and, in no case, could s/he be considered as a legal representative or proxy of the LESSOR.

14. VIOLATION OF THE RENTAL AGREEMENT

In any case that the RENTER violates any of his/her obligations under this rental Agreement, or in case that information or other data are given to the LESSOR are not correct, or s/he does not show diligence as for his/her own property in driving, using and securing the Motorcycle, the LESSOR is entitled to terminate the lease and claim full reimbursement for any loss or damage caused. In case the LESSOR does not terminate this Agreement, this does not waive her right to the full restitution for the loss or damage caused, and neither is the RENTER exempted from that obligation. In case of termination of the present Agreement, the LESSOR is entitled to exercise all her ownership and possession rights.

15. TERMINATION BY THE RENTER

The RENTER is entitled to terminate this rental Agreement prior to its defined expiration, under the condition that s/he has fulfilled all his/her obligations under this Agreement. In such case, s/he is obliged to pay the LESSOR the entire amount agreed for the rental period, except if the LESSOR consents in writing to the opposite. No advance payments will be refunded.

16. MISCELLANEOUS TERMS

• All terms of this Agreement are considered substantial. Any violation of them will incur the consequences of Article 15. The present is the full and exclusive Agreement between the contracting parties and prevails against any other verbal or written agreement to the opposite.

• Any tacit renewal of this rental Agreement is explicitly forbidden.

• Any modification of the terms of the present Agreement will be made in writing and will be evidenced in writing, excluding any other form of evidence, including testimony under oath.

• Any non-prompt exercise by the LESSOR of any of her rights, either once or repeatedly, does not entail her waiving from any of such rights.

• Any notification, communication or servicing of documents in respect of the present Agreement will be made to the addresses mentioned at the beginning of this document.

• It is expressly agreed that any difference that may arise in respect of the present rental Agreement will be brought before the Courts of Athens, Greece.