Chapter 1.GENERAL CONDITIONS OF RENTAL

1.1 To rent a motorcycle, the CLIENT must present the following documents in original at pick up: ID or passport, physical credit card valid at least 90 days after the rental is finished; drivers over 25 years old must have a B category valid national driving license with at least one year of driving experience; drivers under 25 years old must be in possession of an A1 category driving license.

1.2 The CLIENT is directly responsible for obtaining and possessing all the necessary documents including but not limited to: the driving license stating the right to use the public roads in Portugal using the rented vehicle. Klass Wagen LDA (LESSOR) is exempted from any liability in the matter. This falls completely under the customers’ obligations.

The CLIENT expressly assumes full responsibility for renting a motorcycle and driving it on Portuguese territory hereby declaring that he possesses all necessary documents, including an international driving license in case this type of driving license is mandatory according to the law.

Unless the driver’s license was issued by a country member of the European Union, the CLIENT will need to get an International Driving Permit (IDP) or international driver’s license to drive in Portugal. Also, all driving licenses must be written in Roman alphabet as well. All driving licenses written in non-Roman alphabet must be accompanied by an official translation of the document.

If the renter and the driver cannot present a valid credit card, driving license and identity card/passport at the vehicle collection, the rental can be refused by the LESSOR.

The CLIENT shall obtain the right from the LESSOR to use the motorcycle based on the national driving license stating the date when he attained such right.

1.3 To qualify for a standard motorcycle rental, the main driver and additional drivers have to be at least 23 years old, maximum 70 years old and to have a driver’s license for at least 12 months in the day of the pickup.

 

Drivers and additional drivers with at least 12 months of experience in driving under the age of 23 years old, but not less than 21 years old can rent the motorcycle by paying a “Young Driver” fee of 5 Euro/day/maximum 100 euro/rent/month.

Drivers and additional drivers with a driving experience of less than 12 months at the date of the pickup can rent the motorcycle by paying an “Unexperienced Driver” fee of 1000 euro.

Chapter 2. MOTORCYCLE PAYMENT/ RESERVATION

2.1 The fees are established and stated in Euro/day, and they include: VAT, TP (Third Party Liability Insurance), Civil Liability Insurance for Motorcycles, motorcycle maintenance, one helmet, top box, additional driver and the local full insurance “Risk 0”.

2.2 The rental fee does not include the following: fuel costs, road taxes, any fines received for not complying with the driving rules on public roads and the national legislation in force, bridge or tunnel passing taxes, stationary taxes on airports, etc. The full payment of these amounts is in the CLIENT’S responsibility.

2.3 The full payment can be done only in EURO and can be made either: in advance, with an online transaction on the LESSORS website: www.klasswagen.com or when signing the rental Agreement only with a credit card (limited to VISA or Mastercard).

The CLIENT has an obligation to ensure that the provided data for invoicing is accurate before the payment is made. No changes or modifications to the invoice are permitted after the invoice is issued.

2.4 The LESSOR offers the following additional services:

- Second Helmet: 2 Euro/day

- Phone holder: 2 Euro/day

Any selected additional service will be charged for the entire period of rental (the fare multiplied by the number of days), with the exception when the service reaches the maximum limit (according to the number of rental days), or is a one-time fee, cases when the maximum/one-time fee value will be charged.

Policy for cancelling prepaid bookings:

A prepaid booking can be cancelled under the following conditions:

A) If you cancel with more than 48 hours in advance of pick-up, you will receive a full refund (in maximum 5 – 7 working days) minus EUR30. If your online payment is less than EUR30, no refund will be made for your rental.

B) If the date and time of the pick-up is in less than 48h, the pre-paid amount will NOT be refunded. The LESSOR will issue a credit voucher for the pre-paid amount for any additional services selected/paid by the customer, which the CLIENT can use on any future reservation. „Additional services” represent any other service selected/paid for by the CLIENT besides the rent rate.

**If the CLIENT wants to cancel a reservation with more than 48 hours before the pick-up hour and block the amount paid in advance for a future reservation, we will issue a credit voucher for the full amount.

**The vouchers have no expiration date and can be used for future direct reservations made by phone, e-mail or at any of the LESSOR’s offices.

All cancellations will be announced at [email protected] or by clicking the "Cancel" button from the "Manage my booking" e-mail sent to the CLIENT’s e-mail address.

2.5 The reservation of the motorcycle shall be considered certain only after the CLIENT accepts the rental offer and after the CLIENT receives the confirmation of the reservation and the unique reservation code by e-mail.

POLICY FOR AMENDING A CONFIRMED RESERVATION

1. Pay on arrival reservations: for any changes made to the reservation (change of pickup and/or drop off date, number of rental days, adding/removing additional services), the costs of the reservation will be recalculated at the costs valid at the time of the change(s).

2. Prepaid reservations: for any changes made to a reservation with more than 24 hours before pick-up (change of pickup and/or drop off date, number of rental days, adding/removing of additional services), the costs of the reservation will be updated to the costs valid at the time of the change(s). If, because of the update, there is a difference between the amount paid and the updated amount, the following will apply:

a) For negative values: a voucher will be issued automatically with the difference, after the CLIENT saves the change(s).

b) For higher values: the CLIENT is responsible for paying the resulting balance to update the reservation with the desired change(s).

2.6 The Reservation shall be confirmed for a class/category of motorcycle and not for a specific model. The LESSOR cannot guarantee a specific motorcycle brand, model, engine, color, or other technical specifics of the motorcycle.

2.7 If at the time of the delivery, the LESSOR does not have a motorcycle available of the class for which the CLIENT confirmed a reservation, it shall deliver a motorcycle from the following class without charging the CLIENT extra for this service, except in the cases explained in article 2.9, point „b” herein.

2.8 Mileage: unlimited kilometers is included in your rental.

2.9 If the CLIENT`s flight has any delay or if the CLIENT will not make it in time for the pick-up, the CLIENT must notify the LESSOR. If the CLIENT does not inform the LESSOR regarding the delay, the reservation will be cancelled. Subject to stock availability, the LESSOR may apply the following conditions:

a) Between 0 - 3h delay: the motorcycle can be picked up keeping the same reservation;

b) More than 3h delay: subject to availability, the motorcycle can be picked up by the CLIENT for a fee of 20 Euro as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental. If there is no motorcycle available, the reservation is definitively cancelled, and the CLIENT is not eligible for refund or credit voucher.

2.10 Electronic Road tolls in Portugal

Refundable Security Deposit for Tolls: 150 Euro.

The Refundable Security Deposit is only a temporary hold on the accepted card. The deposit will be unblocked up to 30 days after returning the motorcycle. If the Via Verde device is used, the cost occurred when using the device and the cost of renting the device will be deducted from the refundable security deposit for tolls.

The LESSOR offers the CLIENT the option to rent a Via Verde device valid for all highways in Portugal that allows him to pay the designated road tolls after the return of the motorcycle.

According to Decree - Law No. 84-C/2022 and Ordinance No. 190/2013 (Article 27), the rental of the electronic device, called Via Verde is now mandatory.

The cost for renting the Via Verde device is 2.23 Euro/day, maximum 22.30 Euro/rental (VAT included).

The charge for the highway tolls and the Via Verde device will be made from the Security Deposit in maximum 30 days from the return of the motorcycle.

Every motorcycle in the fleet is equipped with an OBU device, which facilitates transport on the motorway. It is strictly forbidden for the CUSTOMER to dismantle it or to change the mounting place. It is strictly forbidden for the CLIENT to use his own devices on the rented motorcycle. If the LESSOR finds that the device is missing at the return time, the CLIENT will pay a fee of 50 Euro as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental.

2.11   Late charges procedure for tolls:

The LESSOR is authorized to do a late charge using preauthorization transaction or using a card-on-file transaction.

At motorcycle pick up time the LESSOR preauthorizes a security deposit of 150 euros which is valid for 30 days. A pre-authorization is a hold on the mentioned amount in the CLIENT’s account. Once a pre-authorization has been done, the CLIENT will not be able to use the blocked amount. While the pre-authorization is in effect, it may even look like the amount has been deducted from the CLIENT’s account, this is not the case, the money is simply ‘on hold’ until a new transaction is made for that amount (unblocking or partial/total charge).

Card-on-file transactions are a charge made on the card for the amount needed to cover the costs for tolls and rent of the Via Verde device. It can be successful if there are sufficient funds on the card or if the type of card supports this type of charge.

The tolls are received by the LESSOR usually in maxim 30 days after the rental is closed. When these are received the LESSOR will deduct any amount corresponding to the use of the Via Verde device and the rent of the Via Verde device by the CLIENT during the rental using card-on-file transactions. If the transaction is successful, the security deposit previous preauthorized will be fully released. If the card-on-file transaction is not successful, the LESSOR will charge the value for tolls from the deposit blocked at the pickup time.

*Note: If at pick up the CLIENT holds only a debit card, or, if the rental is longer than 12 days, the security deposit of 150 euros will be charged and not preauthorized. The resulting difference between the amount blocked and the amount charged for tolls and the Via Verde device will be returned in maximum 30 days after the motorcycle is returned.

The CLIENT is informed about tolls charges through an itemized list with the costs on the email address provided at motorcycle pick up time.

Chapter 3. DELIVERY/RETURNING OF THE MOTORCYCLE

3.1 The Delivery and Returning of the motorcycle will be made ONLY at the LESSORS address in: R. Artilharia 1, 44, 1250-002, Lisbon.

3.2 The CLIENT will receive the motorcycle's documents in copy to prevent any misuse.

The LESSOR is committed to supply the CLIENT with the original documents if the CLIENT is being asked so by the state's authority in maximum 48 hours since the request has been made. 

3.3 The motorcycle shall be delivered in good functioning technical conditions, clean and sanitized, without any other dysfunctionalities and damages of the bodywork or interior than those emphasized on the “Delivery/Returning Paper” at “Delivery” section.

3.4 The CLIENT acknowledges that the motorcycle’s condition has already been checked before signing the Rental Agreement. The CLIENT should take photographs of any damage to the motorcycle, keep them, and present them at the return time if requested. Complaints regarding the motorcycle’s condition must be made on the delivery date and detailed in the Deliver/Returning Document, under the “Delivery” section. The CLIENT is fully and directly responsible for any damage not mentioned in the document. Claims/objections regarding the motorcycle’s situation after delivery are not acceptable. Weather conditions do not relieve the CLIENT of the responsibility to inspect the motorcycle and to record any damage found on the "Deliver" sheet. Photographs taken at the pick-up will be considered by the LESSOR.

3.5 The CLIENT undertakes to return the motorcycle together with all documents, keys, accessories, and equipment in good condition (as at pickup) at the place and time agreed in the Rental Agreement.

3.6 If there is a delay of more than three hours than the time specified in the rental agreement, the LESSOR reserves the right to inform the Police about the theft of the Motorcycle. If the CLIENT wishes to extend the rental period, it must notify the LESSOR 24h in advance of the return date. The extension can only be made with the LESSOR’s agreement.

For the cases when the CLIENT does not notify the LESSOR regarding his intention to extend the rental before the time specified for returning the motorcycle in the Rental Agreement or with a maximum of 1 hour delay, the CLIENT will be charged for the number of days related to the extension at the rate/day related to the reserved class from the day in which the extension is made plus a fixed penalty of 50 Euro as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental.

3.7 If the motorcycle is returned unreasonably dirty, during the night and/ or in bad weather, when the inspection of the motorcycle is impossible, the motorcycle will be fully inspected in a maximum of two business days, after the LESSOR has had all the proper conditions to inspect the motorcycle. The CLIENT will take full responsibility for all prejudices found until the Return sheet is issued.

The CLIENT is responsible for the motorcycle until the inspection process has been completed. The verification process ends with the signing of the motorcycle Return Form by both parties. If the return is made under the conditions mentioned in art. 3.7, or if the CLIENT refuses to sign the document, he will still be considered responsible for the prejudices identified following the inspection.

3.8 The Delivery and Returning of the motorcycle shall be done only during the LESSOR’s working hours (08:00 AM – 06:00 PM). Delivery and/or returning of the motorcycle outside these hours is not authorized. If the Delivery or Returning takes place during the days qualified as national holidays (only within the working hours 08:00 AM – 06:00 PM), a fee shall be perceived in amount of 25 Euro for every action.

3.9 The Returning of the motorcycle in any other Klass Wagen Agency than the one where the motorcycle has been taken from, is not accepted.

3.10 In case of a damaged motorcycle is returned, the following should be submitted (whether the CLIENT is responsible or not):

• DAAA form (Declaration of motorcycle accident) about the Parties' friendly agreement that must be filled correctly with all the information and signed, if the counterparty don´t agree, the CLIENT will have to present the DAAA form completed with at least the license plate of the third party and his personal data together with the information about how the accident occurred.

• copy of the driver license.

• copy of ID or Passport.

• pictures from the accident with the visible plates of the involved vehicles.

• copy of the insurance policy.

• copy of the registration certificate of the other party involved.

In case the damage is done by a third party, proven with documents, the deposit will be unblocked only after the investigation concludes this is the third party’s fault.

In the case that the DAAA form is not presented by the CLIENT, no complementary insurance or additional protection services will apply. The CLIENT will be completely liable for all damages and prejudices calculated at the market’s cost, plus other costs generated by transport and any damage produced to a third party.

Chapter 4. USE OF THE MOTORCYCLE

4.1 The CLIENT takes full responsibility (financial, civil, and criminal) between a range of the minimum value of the damage and the maximum value available in the market before the motorcycle was damaged due to non-complying with the conditions provided in the Rental Contract.

4.2 The CLIENT undertakes to drive the Motorcycle in compliance with all legal dispositions regarding driving on public roads and consents that the motorcycle will not be used and driven:

a) in contradiction with the traffic legislation or other regulations.

b) for passenger transport purposes or any kind of transport of goods for a remuneration or to push or tow any vehicle, trailer or other objects.

c) while the driver is under the influence of alcoholic, drugs or any other forbidden substances.

d) in any kinds of races, tests, competitions, off-road, as a learner motorcycle, or any other illegal activities.

e) on roads flagged as closed for public driving or loaded over the maximum admitted load or over the maximum number of people as specified in the registration certificate of the motorcycle.

f) in any illegal activities.

g) on flooded areas or crossing water covered surfaces.

h) other than according to the instructions and recommendations of the motorcycle’s manufacturer which the CLIENT received together with the Contract on the delivery date.

4.3 The motorcycle will be used exclusively on the Portuguese territory. Crossing the border is not accepted. Ferry transport is also prohibited.

For unauthorized cross border the CLIENT shall cover all the costs incurred to the LESSOR for the motorcycle’s recovery (if this is the case) and a penalty fee of 300 Euro as it is specified in Annex 1 – Penalty costs from these Terms and Conditions of rental.

4.4 The motorcycle can be driven only by the person signing the Rental AGREEMENT or only by a specified person herein and authorized by the LESSOR.

For the cases when the motorcycle is used by an unauthorized young and/or unexperienced driver (conditions explained under art. 1.3 of these Terms and Conditions), the CLIENT shall pay a penalty fee of 1000 Euro as specified in Annex 1 – Penalty costs from these Terms and Conditions of rental.

4.5 The CLIENT shall not, in any situation, leave the keys or the papers in the Motorcycle.

4.6 In case a malfunction occurs during the rental, the CLIENT is obliged to notify the LESSOR about this situation. The CLIENT is not allowed to make any repairs to the vehicle without the LESSOR’S knowledge and express authorization and instructions. In case any repairs are made without meeting the above conditions, the cost for any necessary repairs will be paid by the CLIENT according to these Terms and Conditions.

4.7 The CLIENT cannot sell or sublet the motorcycle or place it as a guarantee.

4.8 In case of accident/incident or any malfunction, the Technical Assistance phone number is available NON-STOP +351211451036 / +351300527562 and the CLIENT is obliged to inform the LESSOR about this situation without delay either through phone call or email at [email protected] in order to receive assistance and all the instructions necessary depending on the situation.

Road assistance is free, except for the cases explained in article 6.2 herein.

Chapter 5.INSURANCES/RESPONSABILITIES

5.1 The motorcycle is insured for damage caused to third parties during the period mentioned herein.

For motorcycle rental the local full insurance “Risk 0” is included in the rental.

5.2 The CLIENT’s personal insurance, or of the passengers, luggage, or any goods shall not be subject of the Rental Agreement and is not covered by rented motorcycle insurance. The LESSOR does not take any responsibility for any damage or deterioration of the above.

5.3 If, following the use of the motorcycle, any claims arisen towards the LESSOR, the CLIENT takes responsibility to cover all. Any issues produced to the rented motorcycle, during the period in which the motorcycle is under contract, the LESSOR will be exonerated from any liability in case the conditions under art. 3.10 are not met.

The CLIENT agrees that the LESSOR will communicate all the necessary data to the TP/CASCO insurer to start the necessary procedures required to recover any losses caused by damage. The LESSOR is not liable for any kind of damage or losses of the CLIENT and for any kind of damage caused by the CLIENT’s fault.

5.4 In case of accident, total or partial theft, or destruction of the motorcycle while the CLIENT is using the motorcycle (whether or not the event is due to the exclusive or common fault of the CLIENT), a fact confirmed by the competent authorities, the CLIENT is liable only in cases where the damages caused due to an accident, total or partial theft or destruction that are not covered by the insurance policies, cases expressly excluded and mentioned as such in these Terms and Conditions (art. 6.2 from the LESSOR’s Terms and Conditions).

5.5 In case of criminal offense, the CLIENT is civil, criminal, and financially liable. In case of theft, if the CLIENT does not hand over the keys and the motorcycle documentation along with the theft proof (the record of findings) issued by the police, the CLIENT is fully liable (financial, civil, and criminal). Any insurance the Motorcycle has is no longer valid in this situation.

5.6 In case the motorcycle is not returned on the date, hour and the location stated in the Rental Agreement without a written approval from the LESSOR, or in case of using it beyond the rental term without a prior written approval in this regard from the LESSOR, the CLIENT shall be fully liable (financial, civil and criminal). The fees specified in these Terms and Conditions of rental article 3.6 will apply.

In case the motorcycle is not returned in 24 hours or more, without a written consent from the LESSOR, the CLIENT shall cover the days required for the recovery or returning date, to pay all the costs incurred to the LESSOR for the motorcycle recovery and a penalty fee of 1500 Euro as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental. This action of the CLIENT constitutes a serious breach of contract and shall be sanctioned according to the contractual conditions applicable. After the moment provided by the Rental Agreement for returning the motorcycle plus one hour, no insurance shall be valid anymore.

5.7 Non-compliance with the obligations mentioned in the above paragraph leads to termination of the effect of all insurances and the liability of the damages produced shall fully incur to the CLIENT, including the unrealized income during the period of immobilization of the motorcycle.

The LESSOR is liable only for unlawful acts committed through its own fault in the performance of the service provided to the CLIENT. If the damage was caused intentionally or by gross negligence on the part of the CLIENT, or if the damage was caused by the CLIENT`s state of health or by the actions of a third party, the CLIENT shall be liable.

The damage caused by imprudence or negligence shall fully exonerate the LESSOR of liability and the CLIENT understands to be exclusively liable for damages caused directly or indirectly, partially, or totally by the CLIENT’s behavior, renouncing to ask for any compensations from the LESSOR.

 Chapter 6. “RISK 0” SERVICE

6.1 Risk 0 Service is automatically added to the rental, calculated depending on the number of rental days and the reserved motorcycle’s class with a value ranging between 15 Euro and 100 Euro per day and represents an optional engagement of the CLIENT through which the latter:

a) Reduces its financial liability to 0 in case of damage by its own fault or by the fault of an unknown author.

b) In the event of an accident or incident, the CLIENT may receive a replacement motorcycle, subject to availability, by making and paying for a new booking covering the remaining rental days. The replacement will be provided anywhere in Portugal within 4 hours of notice, subject to the conditions outlined in Article 7.2 of these Terms and Conditions.

c) Nonstop technical assistance on the Portuguese territory.

d) The minimum deposit will be 150 Euro. This deposit will be charged according to article 2.10 in the Terms and Conditions of the rental.

e) Food and accommodation or the equivalent of transport to the CLIENT’S place of residence (only on Portugal’s territory) covered by the LESSOR in total amount of 70 Euro, in case one of the insured risks takes place.

To have the costs of food and accommodation or transport to the CLIENT’S place of residence (only on Portugal’s territory) covered, the CLIENT must hand over, on the date of returning the motorcycle, the Fiscal Bill representing the costs incurred that will have to have the LESSOR’s invoicing information mentioned within the Rental Agreement.

6.2 Situations that are NOT COVERED by the Risk 0 service or road assistance:

a) Drove under the influence of alcohol, drugs or any other substances forbidden by law.

b) Did not stop the motorcycle IMMEDIATELY after an accident/incident causing additional damage/malfunctions.

c) In case of accident, did not inform the Police or other relevant authorities and did not obtain the documents mentioned at art. 3.10.

d) Did not inform the LESSOR within 12 hours in relation to road events occurred and did not fill upon returning the motorcycle the affidavit on its own responsibility regarding the circumstances in which the accident/incident has occurred.

e) Used the motorcycle for illegal purposes, such as but not limited to smuggling, illegal transportation of articles or goods, theft etc.

f) Drove the overloaded motorcycle, use the motorcycle for pushing or tugging other vehicles, tugs or other objects or to transport people over the maximum capacity of the motorcycle, against what is advised in the registration certificate; damages/malfunctions produced to the rented motorcycle.

g) Drove the motorcycle on unmarked roads on the Official Map of Portugal, unpaved or rough (forest road), on road closed to public driving, in industrial areas or at the crossing of water courses resulting in damages/malfunctions produced to the rented motorcycle.

h) Used the motorcycle in contests, races or auto tests resulting damage/malfunctions of the rented motorcycle.

i) Used the motorcycle inadequately (to the contrary of the producer’s warnings) or in a destructive way, reason for which he caused damage to the engine, gearbox, wheels or tires.

j) In case of motorcycle theft, did not handover the LESSOR the keys and the motorcycle’s documents, the theft proof (the record of findings) issued by the competent Police department and the affidavit on its own responsibility regarding the circumstances the event has occurred.

k) Drove outside the borders and territory of Portugal, without the prior written approval of the LESSOR.

l) Allowing, by its own will or not, the driving of the motorcycle by an unauthorized person, fact proven through the Official Documents executed by the relevant authorities subsequently to the accident/incident. The CLIENT’s obligation to incur the costs as explained in art 4.4 of these Terms and Conditions.

m) Fueled the motorcycle with other types of fuel than the one indicated by the manufacturer (noted in the registration certificate) and highlighted on the exterior and interior side of the tank lid, a fact that determines the CLIENT’s obligation to incur the costs as explained in art. 8.8 of these Terms and Conditions.

n) Loss of keys. The customer will be obliged to pay the specified tax according to art. 8.8.

The CLIENT has the Risk 0 Service included in his rental and if a damage/malfunction has been made to the motorcycle initially rented, at the moment of receiving a replacement motorcycle the CLIENT shall pay the equivalent of a new rental, as the case may be, for the new motorcycle received at the rate available on the Lessor website.

If one or more of the situations listed above occur, the CLIENT will be liable for the motorcycle with at least the value of the damage caused but not more than the market value of the motorcycle before it was damaged and shall be responsible for all the costs related to road assistance provided by the LESSOR.

 

Chapter 7. ACCIDENTS/INCIDENTS, MALFUNCTIONS OR THEFT

7.1 In case of accident/incident or theft/theft attempt proven by Official Document issued by the competent authorities, the CLIENT has the following obligations, irrespective of whether he purchased the Risk 0 Service or not:

a) To not abandon the motorcycle and to abide by the legislation regarding leaving the place of the accident.

b) To take all possible measures to limit the damages.

c) To inform without delay the Police of the region in which the accident/incident took place to ascertain the accident/incident and to execute the legal procedures.

d) To inform the LESSOR in relation to any accident/incident produced, fire, theft, or theft attempt, even if the damage is only partially, at the assistance numbers available NON-STOP +351 308 800 132 / +351 300 527 562 or via e-mail at [email protected] within 12 hours since the accident/incident occurred;

e) To obtain the record of findings from the Police, Annex 2 (for the insurance company), as well as the Repair Authorization (all signed by the Police officer that wrote the finding record and the stamp of the Police section).

f) To hand over to the LESSOR the keys and the motorcycle documents as well as the documents mentioned above (point „e");

g) To hand over to the LESSOR representatives at the return of the motorcycle all the documents required by art. 3.10 from these Terms and Conditions filled according to the reality regarding the circumstances in which the incident took place.

7.2 The LESSOR has the following obligations when the following issues occur:

a) In case of accident:

If the motorcycle can be driven in safe conditions and none of the steering or braking components are damaged, then the motorcycle will be replaced within 24 hours after the CLIENT presents the documents mentioned in article 7.1 letter” e”.

If the motorcycle can no longer be used due to the damages suffered in the accident, then the LESSOR will replace the motorcycle within of 4 hours if the motorcycle is on Portuguese territory after the CLIENT can provide the documents mentioned in article 7.1 letter ”e” and if the CLIENT confirms he is aware of chapter 6.

b) In case of technical malfunction that immobilized the motorcycle or the motorcycle presents issues to the steering or braking system, then the motorcycle will be replaced within 4 hours after the CLIENT confirms he is aware of chapter 6 and art. 7.1 of these Terms and Conditions or, if at the time when the LESSOR’s representative will arrive there is no technical fault found, the CLIENT will pay for requesting technical assistance without any justification. The amount will be communicated by the LESSOR’s representative before leaving for the CLIENT.

c) In case of technical malfunction that does not immobilize the motorcycle, then the motorcycle will be replaced within 24 hours after the CLIENT confirms he is aware of chapter 6 and art. 7.1 of these Terms and Conditions or, if at the time the LESSOR’s representative arrives there is no technical fault found, he will pay for requesting technical assistance without any justification. The amount will be communicated by the LESSOR’s representative before leaving for the CLIENT.

7.3 If the CLIENT does not respect these Terms and Conditions, reports the accident too late, or declares false information regarding any aspect of the incident, the CLIENT may be liable for costs incurred in connection with the incident and may be civilly and criminally liable for all consequences.

7.4 In case of any incident or accident caused by the CLIENT’s own fault, after inspection and taking into consideration all the factors the LESSOR is entitled to refuse the delivery of a second motorcycle.

Chapter 8. TAXES/PENALTIES

8.1 First hour of delay upon the initial return time shall be free of charge. Exceeding with more than an hour shall be penalized with the equivalent of a day of rental, plus equivalent of the additional services according to the Rental Agreement at the rates set in the Rental Agreement for the cases in which the CLIENT announced the LESSOR regarding the late return. For the cases in which the CLIENT doesn’t inform the LESSOR about the delay, the tariffs explained in article 3.6 of these Terms and Conditions shall apply.

8.2 The CLIENT will not be liable for the cases when a prejudice is due to the fault of the CLIENT or caused by unknown authors, under the conditions described at article 3.10 and chapter 6 of these Terms and Conditions.

8.3 The rental price is calculated based on the prices made known to the CLIENT within the Rental Agreement and shall be paid in advance or on delivery date of the motorcycle. The payment made on rental date cannot, under any circumstances, be used for extending the rental period. If the CLIENT wishes to prolong the rental period, he will need to obtain in advance the written approval of the LESSOR and to pay in advance any extent of the hereof.

The unauthorized extent is chargeable according to article 3.6 of these Terms and Conditions.

8.4 If the motorcycle is returned before the initial drop off date, there will be no refund for the unused rental days. A voucher with the unused additional services for the equivalent of a maximum of 3 days of rental will be issued. The voucher will be available for use in any of the LESSOR’s locations and has no expiration date.

8.5 The CLIENT is liable for fines imposed for traffic offences or violations of the applicable local legislation, part of which is paid by the LESSOR to the authorities and part of which is paid by the CLIENT to the LESSOR. Under the applicable legislation, the LESSOR is in certain cases obliged to declare the CLIENT’s details to the competent authorities, which will contact the CLIENT directly. The LESSOR reserves the right to charge the CLIENT a penalty fee of 50 Euro for its assistance in settling the fine as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental.

8.6 The fuel is not included in the rental price. The CLIENT shall return the motorcycle with the same quantity of fuel than the one with which it was delivered, highlighted within the Delivery/Returning Paper of the motorcycle, otherwise the CLIENT shall pay the equivalent of the missing fuel at the market rate plus a penalty for refueling in amount of 20 Euro as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental.

8.7 SMOKING IS STRICTLY FORBIDDEN on all motorcycles rented by the LESSOR. In case the motorcycle is returned with proof which confirms smoking on the motorcycle, the CLIENT shall pay a penalty tax amounting 124 Euro to the LESSOR as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental.

In case the motorcycle is set on fire or presents traces of burning even partially because of smoking, the CLIENT is fully LIABLE for the prejudices produced. The CLIENT shall pay for all prejudices produced to the motorcycle, as is specified in Annex 1. The insurances of the motorcycle DO NOT COVER prejudices caused by smoking!

8.8 Other taxes and penalties as is specified in Annex 1 – Penalty costs of these Terms and Conditions of rental, also applicable even if the Risk 0 Service has been purchased: Broken / missing keys = 400 Euro; Broken / missing documents = 200 Euro; Broken / missing license plates = 250 Euro; Broken / missing accessories (eg. helmet, phone holder, top box etc.) = 70 Euro; Refuse to fill the Affidavit of accident/incident = 150 Euro; Unauthorized return of the motorcycle in another location: the recovery costs plus penalty tax in amount of 1500 Euro (issue mention under art. 5.7); Unauthorised transport of the motorcycle by water = 300 Euro; Misfuelling fee = 500 Euro + the cost of the technical intervention for the situation in which the motorcycle was fueled with a different type of fuel than the one indicated on the tank flap. The price for the technical intervention is determined according to the location where the motorcycle is at that moment.

DEBIT AGREEMENT UPON THE CREDIT CARD

The LESSOR reserves the right to further collect from the CLIENT’s credit card: penalties, taxes, prejudices produced to the motorcycle, missed fuel, fines.

By signing the Rental Agreement, the CLIENT acknowledges all terms and conditions of the Agreement and consents that the LESSOR may collect from its credit card during 1 year from the signing of this Agreement, all amounts provided by the Rental Agreement, but only in cases in which such amounts are due strictly in accordance with the contractual provisions.

Amounts subsequently debited or withheld as a result of the CLIENT's failure to comply with these Terms and Conditions of rental shall be collected by the LESSOR in the form of contractual penalties.

Chapter 9. JURISDICTION/VALIDITY

9.1 Any dispute that appears during the performance of the Rental Agreement that cannot be solved amiably, shall be solved by the competent courts.

9.2 The CLIENT consents that the Rental Agreement is governed by the legislation in force in Portugal and any legal action shall take place in Portugal. The CLIENT consents that any additions or amendments to these Terms and Conditions are null and void if not convened in writing and signed by both parties.

Chapter 10. FORCE MAJEURE AND FORTUITOUS CASE

10.1 The cases of force majeure shall be notified by the affected Party to the other Party within 3 business days of the occurrence. It shall be considered force majeure cases those unpredictable and unavoidable events irrespective of the fault of the Party that invokes it, and which makes the obligations of this Party impossible to execute, for example: natural disasters, war, revolutions, embargo, public authority’s acts, etc. Proof of the force majeure case shall be made with the certificate of force majeure issued by the competent authorities.

10.2 If the force majeure continues for more than 20 business days, any of the Parties is entitled to request termination of the Agreement without the possibility for the other party to object, renouncing on the execution of the Agreement. In any case neither of the Parties have the right to claim compensation, but they have the obligation to execute all their obligations until the date when the force majeure case occurs.

10.3 “Fortuitous case” means a circumstance which has the origin in the activity area of the CLIENT or a circumstance of external origin which has no extraordinary character and may be predicted and prevented with the care and diligence of the most capable person.

Chapter 11. DATA PROTECTION

11.1 KLASS WAGEN LDA („the LESSOR”) will process the personal data provided by the CLIENT before or during the performance of the Rental Agreement in accordance with the applicable personal data protection legislation.

11.2 The categories of personal data processed by the LESSOR in relation to the CLIENT differ depending on the stage of the performance of the Rental Agreement, however these will include: contact information (name, surname, home address, e-mail address, telephone number), identification information (identity card, passport, nationality, date of birth, driving license), bank account information, held credit/debit card (card number and it’s expire date).

11.3 The data will be collected only with the CLIENT’s approval in relation to the LESSOR and according to the legal requirements. Their processing is done in conditions of legality, fairness, and transparency, with the provision of adequate data security, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage.

11.4 The LESSOR will process these personal data submitted by the CLIENT as data controller for the purpose of concluding and performing the Agreement, invoicing the services offered by the LESSOR and their payment, as well as for handling the requests and the complaints or the fulfilment of the legal obligations of the LESSOR, for sending to the CLIENT’s email address by the LESSOR of the feedback survey regarding the offered services and for marketing activities, which will include: contact by phone, email, WhatsApp or SMS with various information. Further details on how the personal data provided by the CLIENT are processed, the applicable purposes and on the legal grounds can be found in our Privacy Policy available at https://www.klasswagen.com/Privacy-Notice-Portugal.html.

11.5 As a data controller, the LESSOR will take all technical security measures to protect the personal data provided by the CLIENT against unauthorized access, destruction, or loss. However, the LESSOR mentions that this data will be made available to the competent public authorities when this is mandatory under the law.

11.6 The CLIENT will have an obligation to ensure that the provided personal data is accurate, up to date, and strictly limited to what the LESSOR has requested to conclude and fulfil the Agreement.

11.7 Therefore, it is necessary for CLIENT’S data to be updated permanently. The CLIENT can intervene at any time regarding the accuracy and use of the data. The CLIENT can contact the LESSOR with confidence to rectify or delete them.

11.8 The CLIENT benefits of access right, data portability right, intervention right upon the data for their rectification or supplementation, the right to not be subject to an automated individual decision and the right to address any court. At the same time, in certain situations, the CLIENT has the right to oppose data processing related to him and to request its deletion or to request the restriction of the processing activities. For more details on these rights, but also how they are exercised, the CLIENT can consult the Privacy Policy available on the LESSOR’s website https://www.klasswagen.com/Privacy-Notice-Portugal.html.

11.9 The CLIENT can contact the LESSOR for any questions regarding how protection is available at [email protected].

11.10 By renting a motorcycle from the LESSOR, the CLIENT acknowledges that some motorcycles may be equipped with GPS tracking devices, which are used solely for enhancing motorcycle security, monitoring driving behavior, and providing emergency assistance. The LESSOR respects the CLIENT's privacy and will ensure that GPS data is not used for unauthorized monitoring. For any questions, please contact the LESSOR prior to the rental.

Chapter 12. Late charges procedure

Communication regarding subsequent collections for highway tolls, contractual penalties, and/or fines will be conducted in the language of the country where the contract was issued or in English, as an international language.

The LESSOR is authorized to make subsequent collections using the PRE-AUTHORIZATION transaction (valid for 30 days) but also through tokenization within a maximum of 90 days from the vehicle's return date.

The amount collected from the pre-authorization transaction will correspond to the cases explained in these Terms and Conditions, chapters 2.2, 4.1, 5, 6, 7, 8, and 9, and will be sent in advance to the email address stipulated in the Rental Agreement for the CLIENT.

Upon vehicle pickup, the LESSOR will perform the pre-authorization transaction, which aims to block the Deposit amount in the CLIENT’s account, as mentioned in the Rental Agreement. From the moment the pre-authorization transaction is performed, the client can no longer access the blocked amount. This amount will not be withdrawn from the client’s account but will remain blocked.

For doing a late charge, only one of the following transactions can be performed:
I) Full or partial collection of the pre-authorized amount.
II) A MOTO transaction, which is a card transaction for costs related to damages, fines, administrative costs, penalties, etc. These transactions can be successfully completed if sufficient funds are available on the card or if such transactions are accepted by the card type. In this type of transaction, the pre-authorized amount will subsequently be fully released.

Depending on the bank operator processing the pre-authorization transaction, the actual collection from deposits will be performed as follows:
a) If the amount to be collected is equal to or greater than 20% of the total pre-authorized deposit, a partial collection will be made according to the amount previously communicated to the client.
b) If the amount to be collected is less than 20% of the total pre-authorized deposit, the full amount will be collected, and an immediate refund transaction will be made for the difference.
c) If the banking operator allows partial collection from the blocked deposit in a single transaction, a direct partial finalization of the deposit will be carried out in one transaction, according to the bank operator’s regulations.
d) If the banking operator allows token creation, a remote card debit transaction will be carried out via tokenization.

In the case of highway tolls, fines, or administrative fees applied to fines and beyond, the LESSOR reserves the right to collect the deposit partially or in full or to carry out a remote transaction without prior notice.

For the situations explained in these Terms and Conditions in which late charges are required, the CLIENT is informed by the LESSOR on e-mail about the costs and is charged using one of the transactions described above.

For the cases in which no late charge is needed for the pre-authorized amount, the LESSOR will fully unblock the deposit and will inform the CLIENT regarding this aspect.

The CLIENT declares having read and agrees with GENERAL MOTORCYCLE RENTAL CONDITIONS.

The CLIENT hereby authorizes the LESSOR to communicate his personal data to ARAC (Associação dos Industriais de Aluguer de Automóveis sem Condutor) to be included in a database in the event of non-compliance of the Terms and Conditions. The consultation shall be made in the responsible entity for data processing.

The CLIENT agree that if he uses the highways he will automatically subscribe to “Via Verde” E-toll service using a device property of Klass Wagen LDA, the amount of all fees due for transposition of any electronic toll barrier in road infrastructure, highways, and bridges, can be determined to be paid by the CLIENT during the rental period. For payment, the CLIENT must submit a valid credit card and assure in his bank account the balance to face the payment of any due amount due after the transposition of any electronic toll barrier in any infrastructure previously mentioned, if the debits can occur after the end of the contract, since the transposition of any electronic toll barrier occurred in the rental period. The CLIENT is also responsible for the correct use and care of the “Via Verde” device and it is, in any case, expressly forbidden to remove the device from the place it has been installed. Is also responsible to inform the LESSOR of any anomaly in the device.

The CLIENT authorizes the LESSOR to charge his card for tolls, prejudices or other penalties described in the contract and about which the CLIENT was informed about.

The CLIENT declares that he/she has read the entire document "Terms and Conditions of Rental", understands it, assumes it in its entirety and agrees to its provisions.

The CLIENT understands the importance of the optical check of the motorcycle at pick-up and the obligation to inform the LESSOR of possible discrepancies.

The CLIENT declares that he/she has been informed, is aware of and has agreed that within a maximum of 90 days from the date of the return of the motorcycle, his/her card will be debited according to the amounts shown in Annex 1 - "Penalty Costs" in the event that prejudices are found on the return of the motorcycle.

Amounts subsequently debited or withheld as a result of the CUSTOMER's failure to comply with these Terms and Conditions of rental shall be charged by the LESSOR in the form of contractual penalties.