General Conditions – Rental

THESE TERMS AND CONDITIONS ARE INTENDED TO REGULATE THE CONTRACT ESTABLISHED BETWEEN NORTHROAD, LDA (NORTHROAD) AND THE PERSON WHO RENTS THE MOTORCYCLE (CLIENT).

THE CONDITIONS ARE GENERAL AND WE RESERVE THE RIGHT TO VARIATIONS AND SPECIAL AGREEMENTS TO BE ESTABLISHED IN WRITING.

NORTHROAD, LDA. HOLDS A RENTAL PERMIT WITH Nº: 65/2008 ISSUED BY THE INSTITUTE OF MOBILITY AND TRANSPORT, IP

  1. 1 – PURPOSE OF THE CONTRACT

The object of the contract is the temporary use of a Northroad motorcycle by the customer.

Northroad declares that to the best of their knowledge the rented motorcycle is in safe condition, free from faults or defects affecting its safe operation under normal use.

2 – MINIMUM RENTAL PERIOD

The minimum rental period is one day (24 hours).

Any fraction of a day will be considered as one day.

3 – CLIENT AGE AND MINIMUM EXPERIENCE

Customer must be over 21 years of age.

If the customer is under 25 years of age and has less than 2 years of driving license, different conditions apply (valid for motorcycles and scooters over 125cc)

4 – PRICES

Rental prices are calculated and submitted to the customer at the time of booking the rental.

As a rule, these prices include unlimited kilometers, civil liability insurance, third party insurance (motorcycles and scooters up to 125cc), full comprehensive insurance for damages exceeding the mandatory damage deposit (motorcycles and scooters over 125cc), the use of a baggage solution, the use of a jet or full-face helmet and all legally applicable tax fees.

5 – RESERVATIONS AND PAYMENT TERMS

When booking the rental, the customer will pay 50% of the total cost of their rental in order to ensure the availability of the motorcycle to be rented.

The remaining 50% will be paid at the start of the rental. These conditions may be subject to change, by express agreement between the parties (Ex: promotional campaigns, etc.).

These conditions may be subject to change, by express agreement between the parties (Ex: promotional campaigns, etc.).

6 – AVAILABILITY OF THE MOTORCYCLE

Northroad is committed to ensuring the availability of the rented motorcycle for the rental period.

If, due to unforeseeable circumstances, Northroad is unable to provide the customer with the reserved motorcycle model, the closest available equivalent model may replace the reserved one. If that replacement model has a lower rental value than the model initially reserved by the customer, Northroad will refund the difference in rental value. If the rental price of the replacement motorcycle is higher than the rental value of the motorcycle initially reserved by the customer, this difference will not be borne by the customer.

7. CANCELATION

If the customer cancels their reservation more than 15 days in advance of the rental start date, Northroad will refund the entire reservation amount.

If cancellation is made between 7 and 15 days in relation to the rental start date, Northroad will refund 50% of the reservation value.

With less than 7 days notice there will be no refund.

Such cancellation must be made in writing.

If the cancellation is partial, that is, if the customer wishes to cancel only a few days of their rental period, the same cancellation policy will apply to the canceled days.

If the cancellation of the reservation is the responsibility of NORTHROAD, the customer will be refunded the entire amount paid, and NORTHROAD will not be responsible for any additional costs that the customer may have incurred.

These conditions may be subject to change, by express agreement between the parties (Ex: promotional campaigns, etc.).

8 – RESCHEDULING

The customer can reschedule their rental, subject to the availability of the motorcycle to be rented on the new dates and upon payment of a rescheduling fee. The fee is 15% of the total initial rental amount and with a minimum amount of 75 Euros.

The fee is 15% of the total initial rental value and with a minimum value of 75 Euros.

9. DELIVERY AND RETURN

These are scheduled at the Northroad headquarters, at Rua de Camões, 703 – 4000-148 Porto, during office hours, Monday to Friday from 9:00 am to 7:00 pm.

Northroad can ensure the delivery or return of the motorcycle during Saturday and Sunday, or at a different location, upon payment of a surcharge to be calculated depending on the distance from said location to Northroad’s headquarters.

10 – RENTAL TERM

The rental ends on the day, time and place established in the particular terms of the contract. If the Customer wishes to extend the rental period, they must contact Northroad at least 24 hours in advance. Northroad may or may not authorize the extension.

If Northroad does not authorize the extension, and the customer does not return the motorcycle on the established day, time and place, the disappearance of the motorcycle will be reported to the authorities and civilly and criminally punished.

11 – NORTHROAD LIABILITY

Northroad must deliver the motorcycle in correct and safe technical conditions for circulation.

The Customer must also receive vehicle documents, chosen accessories and tools.

Northroad must verify and accept any existing damages that are set out in writing on the damage form as part of the delivery procedure.

If, even through no fault of the Customer, any repair is necessary during the rental period in order to ensure the operation or proper functioning of the motorcycle, the Customer must receive Northroad’s consent before carrying out the repair. Further claims are excluded, regardless of any legal reason, unless the loss or damage to the Customer is attributable to gross or intentional negligence on the part of Northroad.

12 – CUSTOMER LIABILITY

The Customer is responsible for ensuring that they are legally qualified to drive a motorcycle. A valid license must be presented by the Customer (photographs of documents will not be accepted). This license must be valid in the countries in which the Customer will drive the motorcycle.

This license must be valid in the countries in which the Customer will drive the motorcycle.

The Customer is responsible for all fines and legal charges for traffic irregularities or other legal infractions during the period in which the motorcycle is rented.

Northroad will charge the Customer for any fine and has the responsibility to inform authorities of the Customer’s identity and other information. It is the Customer’s responsibility to ensure that the rented motorcycle:

a) will be used in accordance with the manufacturer’s recommendations

b) will be used in full compliance with the Highway Code of the countries in which it is driven. c) It will not be used negligently

d) It will not carry more passengers than its approved capacity allows

e) It will not be used in races or competitions

f) It will not be used for illegal purposes

g) It will not carry more weight than permitted by its approval.

h) It will not be used by anyone else except the drivers declared in the rental contract

i) It will not be used if its mechanical condition is considered unsafe

j) It will not be used after consumption of drugs or alcohol or other narcotic substances.

l) It will not be used when the client’s physical condition is weakened by fatigue or illness.

m) It will not be used on off-road routes / unpaved roads

Failure to comply with any of the items above will result in immediate cancellation of the insurance, the customer will be held responsible for the total value of the motorcycle and accessories when new and the amount of the deposit will revert in full to Northroad.

13 – COMPULSORY EXCESS OR DEPOSIT

Each motorcycle model has a specific deposit that can be left as a cash deposit at the beginning of the rental (only motorcycles and scooters up to 125cc), or through a Credit Authorization on the Customer’s Visa or Mastercard credit card.

At the end of the rental contract, compensation for any damage to the motorcycle will be deducted from the deposit and the remainder returned to the Customer.

If an accident insurance claim has been reported, the entire deposit will be debited to the customer until the case is resolved.

After the insurance company’s expert opinion and determination of liability, the customer will be reimbursed the remainder in case of damages less than the total deposit.

The use of motorcycles on off-road routes/unpaved roads is not authorized. If the customer uses the motorcycles on off-road routes/unpaved roads, the deposit will revert in full to NORTHROAD.

14 – INSURANCE

Rental prices include mandatory civil liability insurance, third party insurance (motorcycles and scooters up to 125cc), and full comprenhensive insurance for damages exceeding the deposit (motorcycles and scooters over 125cc), valid in Portugal.

If the Customer wishes to leave this territory, they must inform Northroad in writing of this fact, which will have to guarantee the necessary mandatory insurance.

The Customer is responsible for assuming the full value of repair and replacement costs up to the value of the vehicle (motorcycles and scooters up to 125cc).

In any case, the Insurance conditions are void, and the Customer becomes responsible for all damages caused to the rented motorcycle, if:

– The Client leaves the scene of an accident in which he has been involved.

– The Client does not immediately report to the authorities and Northroad theft or disappearance of the motorcycle or accessories

– The rented motorcycle was intentionally damaged by The Client or someone for whom he is responsible

– The motorcycle is involved in an accident and the Client fails to notify Northroad at the earliest possible time.

– Motorcycle is driven under the influence of alcohol, drugs, narcotics or other narcotic substances.

– Motorcycle is driven in areas not authorized by Northroad as unpaved roads and racing circuits, etc

– If the Client does not comply with the requirements stipulated in paragraph 12 of these terms relating to the Client’s responsibility.

14 a) INSURANCE

The Insurance included in the rental price is as follows:

Motorbikes above 125cc:

Full comprehensive insurance in the event of damage, accident, fire or theft with a franchise (please see the franchise table).

Motorbikes below 125cc:

Third party insurance; Public liability in the amount of 6.000.000,00€

The client is responsible for all the damages caused in the hired vehicle.

15 – ADDITIONAL COSTS

Optional accessories such as GPS, helmets and motorcycle equipment are not covered by insurance..

The costs for repair or replacement due to damage, loss or theft will be borne directly by the Customer.

An administrative fee of 50€ shall be added to all notifications of fines, penalties and offenses of Clients, which are received by Northroad.

16 – CONSUMABLES

The motorcycle is rented by Northroad with a full fuel tank, and must be returned in the same way.

Returning the motorcycle without a full fuel tank will incur in an additional fee of €40 in addition to the value of the missing fuel.

The motorcycle will be delivered by Northroad with tires, brake pads and its general maintenance plan carried out by the official dealer network, ready for normal use and in perfect condition.

In the case of rental periods longer than 15 days, the customer is responsible for checking the oil level and brake pads, and reporting to Northroad in case of severe wear.

17 – MECHANICAL FAILURE

In the event of a mechanical failure, the Customer must contact Northroad, providing its precise location and detailed information about the failure.

If repair is necessary and possible, Customer must obtain Northroad’s consent before proceeding with such repair.

If repair is not possible, Northroad will seek to replace the damaged motorcycle as quickly as possible.

Northroad will refund the rental amount corresponding to the period in which the motorcycle was immobilized, due to the possible failure.

If for any reason replacement is not possible, Northroad will reimburse the Customer for the unused rental days.

Northroad is not responsible for lost time resulting from accidents or mechanical failures that may delay or stop the Customer’s vacation or travel plans. In the case of mechanical failures caused by falls, accidents or negligent use by the Customer, the possibility of a replacement motorcycle, reimbursement for immobilization of the motorbike, as well as reimbursement for rental days not used are excluded.

18 – PROCEDURE IN CASE OF INJURY OR ACCIDENT

In the event of an accident or damage, the Customer is obliged to immediately notify Northroad.

Towing and/or repair services should only be called upon agreement with Northroad.

The police and emergency services must be notified immediately in the event of an accident, and evidence must be secured and an insurance declaration must be completed together with each of the other drivers involved.

Write down their names, address, telephone number, driving license number and issuing authorities, make, model, color and registration number of vehicles, insurance details (insurance company and policy number).

Witness contact details, braking marks, and all information that contributes to the correct and complete clarification of the sequence of events must also be collected.

19 – TERRITORY

Civil liability and shock or collision insurance are valid in Portugal.

Driving in other European country may be permitted by Northroad in writing. For some countries this may involve minimum rental periods or a surcharge to be paid by the Client.

If the Customer intends to drive the rented motorcycle in other countries, they must inform Northroad in good time at the time of booking.

If Northroad becomes aware of an unauthorized departure outside the authorized territory, the contract conditions are violated, resulting in the immediate cancellation of the insurance and the customer being held responsible for all damages and theft that may occur outside the territory authorized by Northroad, up to the total value of the motorcycle and accessories when new.

20 – TOLLS

Northroad motorcycle fleet are equipped with an electronic identifier which allows the use of the Via Verde lane on the Portuguese motorways without stopping.

The toll/toll amount is recorded electronically and debited to the Northroad account.

Aproximately 30 days after the end of the rental, the Client will be charged by Northroad on the value of tolls on the motorcycle that was used during the rental period.

The use of this system has no cost, and provides a 30% discount on tolls.

21 – KEYS

Northroad will deliver the keys corresponding to the operation of the motorcycle and luggage. No duplicates will be provided.

The Customer is responsible for the security of the keys during the rental period and must return all keys at the end of the rental.

Northroad is not responsible for losses resulting from loss, theft or damage to keys that may cause the interruption or premature end of the contracted rental period. Losing a key incurs a key replacement fee of €300.

22 – DOCUMENTATION

Northroad will deliver all documents necessary for the circulation of the vehicle, namely, a copy of the rental contract, registration, proof of ownership and proof of insurance.

The Customer is responsible for this documentation during the rental period and must return all documents at the end of the rental.

The loss of any of these documents incurs a document replacement fee of €100 per document.

23 – TRACKING

For security reasons, Northroad may install tracking devices on motorcycles.

Any attempt to dismantle or damage these devices will be reported to the authorities and punished by Criminal Law.

24 – INTERNATIONAL AGENCIES

Northroad reserves the right to denounce contractual defaults to regulatory agencies belonging to the Client’s country of origin, including Serasa, SPC, Tax Authority and mediator agencies of European Union.

25 – COMPETENT COURT

Both the Client and Northroad agree that all disputes arising from this contract shall be resolved exclusively in the district court of Porto, Portugal.