10. PROCEDURE IN CASE OF INJURY OR ACCIDENT
In case of accident or injury, the Renter is required to immediately notify MTR. Towing services and/or repairs should only be initiated when agreed by MTR. Police and rescue resources must be notified immediately in the event of an accident. Note the names, addresses, phone numbers, driving license numbers and issuing authorities, brands, models and colors registrations of vehicles, details of insurance (insurance company and policy number). Also the contacts of any eyewitnesses should be collected, braking marks, and all the information that contributes to the correct and complete understanding of the sequence of events.
A Police Report is required for all damages or accidents involving injuries in order to claim anything from the insurance. All damages to rented motorcycle without a police report will be considered to be at the fault of the Renter.
11. RENTERS LIABILITY
The Renter must ensure that they are legally entitled to drive a motorcycle. A valid license must be presented by the Renter. This license must be valid in the countries where the Renter will ride the motorcycle. The Renter is responsible for all fines, penalties and legal fees for traffic violations or other breaches of the law during the rental period of the motorcycle. MTR is authorized to charge the Renters credit card for any penalties and fines that occur during the rental and will deliver the identity and other personal information regarding the Renter to the local authorities if asked to do so. An administration fee of $50 USD will be charged in connection with every traffic violation, plus the cost of the fine and any accumulated late fees.
It is the Renters responsibility to ensure that the rented motorcycle:
a) Shall be used according to manufacturer’s recommendations
b) Shall be used in full respect of highway codes of the countries in which it is ridden
c) Shall not be used negligently
d) Shall not carry more passengers than the approved capacity allow
e) Shall not be used for racing or competition
f) Shall not be used for illegal purposes
g) Shall not carry more weight than allowed.
h) Shall not be used by anyone except by Renter stated in the rental contract
i) Shall not be used if the mechanical condition is deemed unsafe
j) Shall not be used after consumption of illegal drugs or alcohol or other substances that could affect mental state of the rider
k) Shall not be used when the Renters physical conditions are weakened by fatigue, injury or illness.
l) Shall not be abandoned (defined as terminating the rental in a location other than the agreed drop-off location).
Violation of the listed restrictions can result in total loss of the Security Deposit and voids all Damage Waivers and the rider will be held liable for all damages or replacement of motorcycle if necessary.
12. RENTAL TERM, RENTAL EXTENSION
The rental ends on the day, time and place set forth in the details of the Rental Handover Condition Agreement. If the Renter wants to extend the rental period they need to contact MTR right away and with at least 24 hours notice. MTR may or may not authorize an extension. MTR may and may not authorize the extension depending on other commitments. Does Renter not return the motorcycle on the day, time and place established, the motorcycle will be reported as missing to the authorities and the Renter could face legal consequences, on top of additional charges.
13. CANCELLATION AND RESCHEDULING CREDITS
Deposit and balance payments are nonrefundable. In certain cases funds can be transferred to a rescheduled date.
To requests a reschedule, please write to our email address: booking@motolombia.com. Include your full name and rental dates.
Reschedule requests initiated by the Renter with more than 30 days notice are transferable to a new booking, minus a $150 USD rescheduling fee. The remaining funds paid will be held as a credit towards the new booking.
Reschedule requests initiated by the Renter with less than 30 days notice the deposit and balance payments are forfeited as a cancellation fee. No credits, nor refunds available.
Cancellation during the rental will not result in any refund or credit. No refunds or credits for early returns.
Credits can only be applied towards the balance of a rental or tour and can not be used as a new deposit.
Credits expire one year after being issued.
Extreme situations may arise where it is necessary for MTR to advance or postpone a scheduled rental and other travel arrangements. In that event, MTR do not assume responsibility for any resulting losses, expenses or inconvenience. This includes, but is not limited too, airline tickets, hotel reservations, activities or automobile rentals.
No exception to this policy will be made for any reason. MTR is not responsible for a participant’s inability to attend a rental due to any circumstance whether it be health, family or environmental. Trip cancellation or interruption insurance is strongly recommended to protect your deposit and balance payments as well as other travel plans.
14. INSURANCE
Mandatory medical 3rd party liability insurance is included in the rental for all countries where such insurance is required. In Colombia the mandatory 3rd party liability insurance (SOAT) covers injuries to Renter, passenger and 3rd party in connection with use of the motorcycle. It does not cover 3rd party property, nor damages or theft of the rental motorcycle.
In addition, an Optional Motorcycle Damage and Theft Liability Reduction Insurance is available that will limit responsibilities towards damages and theft of the rental bike during the rental. The price depends on the rental type chosen – BUDGET RENTALS $15 USD/day or PREMIUM RENTALS $25 USD/day.
There is no reason to pay double if you are already covered. If you plan to use your own insurance, please carefully check with your insurance provider as motorcycle rentals are considered an exotic rental that most credit cards and insurance companies do not cover the same way as they would with normal vehicle rentals. Always check your credit company or insurance company for coverage before making an assumption.
How does the Optional Motorcycle Liability Reduction Insurance work?
This insurance will limit your responsibility towards loss, damage or theft of the rental motorcycle to a set lower deductible value that is equal to the Security Deposit. Size of the deductible depends on the motorcycle model chosen. The Optional Motorcycle Liability Reduction Insurance will cover all damage cost that exceed the deductible.
If you decline this insurance, you are responsible for the full value of the motorcycle and all expenses including, but not limited to, recovery, loss, damage or theft of the motorcycle. In case of loss, damages or theft of an insured rental motorcycle and/or accessories, the Optional Motorcycle Liability Reduction Insurance will cover expenses that exceed the deductible.
The insurance reduces, but does not eliminate responsibility for damage or theft and it will not protect you if you provide fraudulent information, use the vehicle in connection with conduct that could be properly charged as a felony, drive under influence of drugs or alcohol, reckless driving, use the vehicle in a speed test or contest, or if the vehicle is driven by a person other than the driver authorized on the contract.
The Renter must additionally comply with all terms and conditions in the rental contract and local laws. Police and other authorities can in certain cases demand a blood test in connection with an accident. Result here of might also be used by the insurer to determine insurance settlements.
Personal and 3rd party property is not covered by this insurance. The insurance does not cover recovery of the motorcycle in case of un-repairable mechanical failures and damages caused by the Renter and the Renter will be solely responsible for such costs involved with returning the motorcycle to MTR in Cali, Colombia in addition to the damages. MTR will go above and beyond to help recover damaged motorcycles at as low cost as possible and often at no cost at all, but that is not always a possibility.
15. PHOTO AND VIDEO MATERIAL
Photos and videos produced by MTR or its representatives during a tour or rental are the property of MTR and copyrights remain with MTR. MTR can use this material for promotional and advertising purposes, including images in which individual participants can be recognized, without any charge for the use of this material.
16. ACCEPTANCE
I have read and accept the terms and conditions of MTR. I’m aware of the risks involved in riding a motorcycle and that traffic conditions, roads, weather and other conditions as well as the actions of other riders can influence and magnify the risks. I accept these risks. Furthermore, I agree and understand that MTR is not the guardian of my safety and they, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or my participation in connection with any tour or rental, which might result in injury, death or other damage to me, my property, or my family, heirs, assigns, or others.
17. GOVERNANT LAW
These terms and conditions shall be governed by the internal laws (exclusive of the choice of law provisions thereof) of Colombia as to all matters. Any action between the parties hereto shall only be brought in the District Court of the Cauca Valley in Cali, Colombia and not in any other jurisdiction and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs.
