RENTAL TERMS AND CONDITIONS

Motolombia TR S.A.S, is in its function as Tour and Rental operator legally registered with the Colombian authority Camera De Commercio as NIT. No. 900.723.669-4 and licensed by the Ministry of Industry and Tourism with RMT no. 3769, operating as Motolombia Tours and Rentals or MotoDreamer Global Motorcycle Tours, hereafter referred to as (“MTR”) for the purpose of these Terms and Conditions.

With submission of your online rental registration form and payment of your booking deposit, you agree that you have read and accepted all Terms and Conditions of this agreement as a binding contract between MTR and you, hereafter referred to as the (“Renter”) for the purpose of this document.

In addition, MTR requires a duly signed Rental Motorcycle Handover Agreement form to be provided by MTR for all Rentals.

1. PURPOSE OF THE CONTRACT

The purpose of the contract is to facilitate the temporary use by the Renter of a motorcycle owned or administered by MTR and/or partners. The rental motorcycle shall remain the property of MTR or its partners.

2. PICK-UP AND RETURN OF RENTAL VEHICLE

The minimum rental period is one day (24 hours). Pick-up available from 8 AM on week days and Saturdays. All returns must be completed before 10 AM on the morning following the last rental day no matter what time the motorcycle was picked up. This includes a complementary 2 additional rental hours to complete the return. Returns after 10 AM will result in an automatic charge of a full additional rental day to the credit card provided as guarantee for the rental.

Pick-up and return of motorcycles happen at the MTR facility in Cali (Avenida 6 Norte #48N-48, Barrio La Flora) during opening hours Monday to Saturday 8:00 AM to 5:00 PM. MTR can accept return of motorcycles on Sundays and Public Holidays with prior written agreement. Pick-up or returns at other locations, including other cities are available with prior written agreement.

3. RENTER REQUIREMENTS, AGE AND MINIMUM EXPERIENCE

The Renter must be over 20 years old and have at least one year of riding experience on a motorcycle same size or larger than the rented. If the Renter does NOT have a valid motorcycle license and passport with minimum 6 month until expiration upon arrival, it is considered a no show resulting in refusal to handover the motorcycle and loss of all payments.

A Security Deposit will be taken at pick-up (authorization only) and must be processed via valid credit card (Debit cards will not be accepted). The size depend on the motorcycle chosen (refer to specific motorcycle page on www.MotoDreamer.com).

4. RESERVATION, DEPOSIT AND BALANCE

• Registration form – Submitting an online registration form does not confirm availability, nor reservation.

• Deposit – MTR requires a non-refundable reservation deposit payment equal to 50% of the total rental at the time of booking to confirm a reservation. This deposit is applied towards your balance.

• Balance – MTR requires your rental balance to be paid no later than 30 days prior to pickup. The balance payment is non-refundable. Rentals with unpaid balances inside of 30 days can be canceled by MTR with no refund of the deposit.

• Protect your deposit and balance – If you would like to protect your deposit and balance as well as other travel plans please consider trip cancellation and travel insurance through Global Rescue, your credit card provider or a third party.

5. PRICES AND SERVICES INCLUDED

• All prices listed and quoted are in USD.

• Rentals include latest model rental motorcycle in perfect condition, up to 2 years old, unlimited mileage, luggage system and universal phone mount rental, free route and destination advise and emergency kit.
• Rates vary with discounts depending on the number of rental days booked.
• Mandatory 3rd party liability insurance – All rentals include a basic medical insurance that covers injuries obtained in connection with the use of the rental motorcycle and it covers the Renter, passenger and 3rd party.

• Crash protectors – All the rental motorcycles are outfitted with the most important accessories to protect the motorcycle and the Renters security deposit.

• Renter orientation – Every Renter will receive a demonstration of the controls and safety features of the motorcycle before start.

• Price match guarantee – If you find a better price for the same quality service we offer elsewhere in the region, we will match or improve the competitions offer.

• Luggage Storage – During your rental you can safely store excess luggage at the MTR facility.

• Various optional services are available for an additional cost, including motorcycle damage and theft liability reduction insurance, riding gear and knobby tire supplement.

NOT INCLDED IN RENTALS

• Riding gear and helmet – Colombian law require all riders to wear a DOT approved helmet and it must be full face or at least 3/4 helmets. MTR offer rental of helmets as an additional service. Limited number of sizes available.

• Fuel – Fuel costs are the renters responsibility. The motorcycle is rented from MTR with a full fuel tank and must be returned in the same way. The return of the motorcycle without the full tank will be subject to a refuelling flat fee of $25 USD.

• Shipping to alternative destinations – We can ship bikes and/or luggage/suitcases to/from other destinations for an additional transport fee. The fee depend on the number of motorcycles or bags being shipped.

• Ecuador border crossing permit – MTR will allow motorcycles to enter into Ecuador with a special permit. Expect up to 3 work days to arrange the permit. Only available with prior agreement.

• Taxes for Nationals – For renters that can not show a valid tourist entry stamp into Colombia in their passport a 19% sales tax will be added to the total.

6. AVAILABILITY OF THE MOTORCYCLE

MTR strive to ensure that you ride the motorcycle you are confirmed on. Unfortunately, at times, certain unexpected and uncontrollable situations arise. This includes, but is not limited too, mechanical failure, damage and theft. Should MTR not be able to handover or replace a confirmed motorcycle model with a similar size replacement or a free upgrade, a refund for the difference in service will be provided. This constitutes the maximum liability of MTR.

MTR has the right to, at anytime, change prices, availability, limit rental and/or refuse the Renter to participate in any activity if MTR finds this to jeopardize the security or safety of the Renter, other clients, tour guides and other personnel, the motorcycle and equipment and/or any third party. This includes, but is not limited too, refusing handing over or replacing a motorcycle or limiting riding in certain areas, at certain times.

7. MOTORCYCLE CONDITION

MTR will deliver the motorcycle in good and safe technical conditions with good tires, brake pads, the general maintenance in perfect condition and ready for normal use during the duration of the rental. All legal documents of the motorcycle will be up to date and valid for the entire period of the rental. A motorcycle condition report will be made by MTR authorised mechanics before and after each rental. Any damages or mistreatment concluded and quoted in the return damage report are final and provide the basis for a possible charge to the Renters credit card on file.

8. KEYS AND PAPERWORK

MTR shall provide the key or control corresponding to the motorcycle and luggage, if applicable and legal paperwork of the motorcycle. No duplicate will be provided. The Renter is responsible for the security of the keys and paperwork during the rental period and must return all keys and paperwork at the end of the rental. MTR is not responsible for issues arising from loss, theft or damaged keys or paperwork that may cause the premature interruption or end of the rental period contracted. The loss of keys and paperwork could incur fees for replacement of up to $300 USD.

9. MECHANICAL FAILURE

The Renter is responsible for basic maintenance and reporting mechanical failures to the motorcycle to MTR immediately. Renter may be held responsible for mechanical damage due to negligence in motorcycle operation or failure to provide normal maintenance. In the case of a mechanical failure, you must contact MTR immediately stating your location accurately and with detailed information about the failure. If repair is necessary and possible, you must obtain MTR consent before making any repair. Seeking and approving independent repair without consultation from MTR will result in refusal to reimburse the repairs. If repair is not possible, MTR will seek to replace the damaged motorcycle at the earliest possible opportunity. If for any reason the replacement is not possible, MTR shall reimburse you for the rental days not enjoyed. This constitutes the maximum liability of MTR.

In the event of mechanical failures and damages caused by the Renter such as bike drops and crashes, negligent use or traffic accidents, MTR is not obligated to replace the motorcycle or make any reimbursements. The cost of recovery of the motorcycle will be charged to the Renters Credit Card.

Renter is responsible for any and all costs associated with tire damage or punctures during the rental duration.

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 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@motodreamer.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 is $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.