Rental policy, Terms and Conditions
These rental conditions are part of the motorcycle use contract between Neo Ride Armenia (lessor) and the customer (renter). Deviating or supplementary written agreements remain reserved.
2. The rights and obligations of the parties
The Lessor's rights and obligations
2.1. The Lessor is obliged to provide the Renter with the motorcycle mentioned in the Appendix 2 within the terms and conditions stated in Appendix 3. The Lessor is obliged to return the motorcycle to the Renter in a proper state without technical disrepairs.
2.2. The Lessor bears no responsibility for the lost or disappeared personal belongings left on the motorcycle as well as for the passengers' health problems.
2.3. The Lessor is obliged to provide such a technical maintenance of the motorcycle within the rental period which is not the Renters fault with the exception of the first necessity maintenance
2.4. The Lessor is obliged to eliminate the defects of the motorcycle within a reasonable period without causing annoyance to the Renter or to provide with another motorcycle of the same group (of the same type and class) if the motorcycle during the rental period, has been damaged not by the Renters fault and its further exploitation has become dangerous.
2.5. The Lessor is obliged to provide the Renter with all the necessary documents for running the motorcycle when handing over the motorcycle.
2.6. In case the Renter violates any clause of the agreement, the lessor has the right to take the motorcycle back, annul this agreement unilaterally and not to refund any amount and demand a full compensation of the losses. The losses also include the lost benefit as well as the sum to be paid to the advocate when undertaking a juridical process. The Lessor bears no responsibility for the damaged or lost things left on the motorcycle. It is the Renter that bears responsibility for the damaged and lost things on the motorcycle.
The Renter's/Driver's rights and obligations
2.7. The Renter, when receiving the motorcycle, assumes whole responsibility for the motorcycle rental. Without the Lessor's permission the Renter has no right to allow another person to drive the motorcycle.
2.8. The Rcntcr has no right to hand over to sub-lease the motorcycle.
2.9. When driving the motorcycle the driver cannot be under the influence of alcohol, narcotics, tranquillizers and harmful drugs for health. If the Driver running the motorcycle under the influence of alcohol, narcotics, tranquillizers and harmful drugs for health (in this agreement "under the influence of alcohol" means the existence of alcohol in the organism from 0.1%), the Driver or the Renter will be obliged to compensate any loss caused to the motorcycle, passengers, third party or their estate.
2.10. In case of loss caused to the third party and their estate by the Renter or the Driver, the latter has no right to make demands to the Lessor and the Lessor cannot bear any responsibility. The insurance company, due to the "Mandatory insurance of the motor-transportation means" agreement, by the RA law on "Mandatory insurance of the motor-transportation means" can exercise its subrogation rights exclusively towards the Renter or the Driver,
2.11. In case of the Renter's or the Driver's actions (inaction), breaking of the clauses of the insurance agreement, the Lessor does not bear any responsibility and the insurance company has no right to demand from the Lessor refunding of the sum of the insurance compensation (subrogation).
2.12. When running the motorcycle the Driver should follow the traffic rules. The Driver is responsible for the fines of the infringements. The Driver should park the motorcycle in special parking places. When parking the motorcycle, he/she should not leave the keys and the documents on the motorcycle.
The keys and the documents should be with the Driver and under his/her permanent control. In case of motorcycle theft, the Renter is obliged to return the keys of the motorcycle and the originals of the documents.
2.13. If the Driver notices technical disrepairs, lie/she should inform immediately about it the Lessor. In case there are technical disrepairs of the motorcycle or defect/loss of its spare parts by the Drivers fault, he/she is obliged to compensate losses totally. If there are technical disrepairs or defects not by
the Driver's fault during the running of the motorcycle and the further exploitation of the motorcycle is dangerous, he/she has the right to demand to change the hired motorcycle by another one of the same group (same type and class).
2.1.4. In case of an accident and loss/theft of the motorcycle (or its spare parts), the Driver is obliged to inform about it the Lessor or the insurer and the Police immediately, assist in making protocols and certificates defined by law and present them to the lessor.
2.15. In case of violating the clauses of this agreement, the Renter is obliged to compensate the loss of the motorcycle as well as the lost benefit of Lessor.
3. The exploitation of the motorcycle, the pickup/return
3.1. It is permitted to run the hired motorcycle only in the territories of the Republic of Armenia and in Georgia only in case a guide on motorcycle or mechanic in support car service is booked by the Renter. The motorcycle can be exploited also on the territory of Georgia if there is an official authorization issued on behalf of Neo Ride Armenia “Rent a motorcycle" about which it is stated in Appendix 4, besides a warrant is issued to the Renter. The run of the motorcycle isn't limited.
3.2. The hiring motorcycle is provided to the Renter in a proper state, technically faultless, clean and with a full tank of fuel.
The Renter is obliged to follow the rules of the motorcycle exploitation and fill the motorcycle with high-quality fuel. The quality of the fuel should correspond to the type mentioned in Appendix 2. If the motorcycle is damaged, because of not high-quality fuel, the Renter will completely compensate the loss.
3.3. The Renter is obliged to return the motorcycle in a proper state on. the deadline as well as all the documents, additional equipment and accessories. The motorcycle should be returned to the Lessor undamaged, technically faultless, clean and with a full tank of fuel.
3.4. In case the motorcycle has been returned to the Lessor not in a clean state a fine of 3.000 AMD should be levied.
3.5. In case the motorcycle has been returned to the Lessor not with a full tank of fuel a fine of 600 AMD should be levied for each missing liter of fuel.
3.6. During the pickup/return of the motorcycle the Renter should examine the motorcycle together with the Lessor's specialist and should draw up a corresponding pickup/return protocol concerning its condition which is the inseparable part of this agreement. Any defect of the motorcycle is recorded in the pickup/return protocol. The Renter, before hiring the motorcycle , should inform the Lessor about the disrepairs or other defects of the motorcycle and make a corresponding note in the pickup/return protocol. The Renter, except for the recorded defects in the pickup/return protocol, has no right to indicate further defects.
3.7. Each party keeps the pickup/return protocol bilaterally concluded which is the cornerstone when examining and evaluating the defects and
losses of the motorcycle . Moreover, the Renter accepts that the Lessor has the right to determine who is responsible for the defects and losses. If the Renter refuses to sign the pickup/return protocol when returning the motorcycle, the Lessor has the right to draw it up in the presence of 2 witnesses and use it if necessary.
3.8. It is forbidden to transport fire-proof goods, explosives, smuggler or other dangerous and interdicted goods by law when running the motorcycle
3.9. It is forbidden to drive the motorcycle at contests and exploit as a tractor or an educational motorcycle, with the aim of taxi service and goods transportation.
3.10. It is forbidden to repair technically the motorcycle on one's own by the Renter (with the exception of the first necessity maintenance) and to install constituent parts.
4. The rental dates, cost and payment order
4.1) With the booking confirmation the customer receives an invoice from the lessor. This is to be paid as follows:
By paying a deposit of 20% of the rental price immediately after receiving the confirmation and by paying the rental amount no later than 40 days before the start of the rental period.
4.2) The customer may withdraw from the rental agreement at any time before the start of the rental period by means of a written declaration. The date of receipt of the notice of withdrawal by the Lessor shall be decisive in this respect. In the event of a withdrawal by the Lessee, the Lessor may demand flat-rate withdrawal costs, which are calculated as follows from the rental price:
• from the date of deposit until 41 days before the beginning of the rental period: 20% of the rental price
• 40 to 15 days before the start of the rental period: 50% of the rental price
• 14 to 8 days before the start of the rental period: 75% of the rental price
• less than 8 days before the start of the rental period: 100% of the rental price
If the tenant does not appear or appears too late for the start of the rental, the price will not be refunded. In addition, it is up to the tenant to prove a lesser damage to the landlord.
4.3) Rebooking of dates and destinations is only possible by withdrawal from the existing rental contract with subsequent new registration.
4.4. The initial rental period, the deadline and the cost of the agreement are presented in Appendix 3.
4.5. The rental price of the motorcycle includes the charges for the technical maintenance, all the state taxes, compulsory MTPL
cost as well as the change of the motorcycle during its technical maintenance.
4.6. The rental price of the motorcycle does not include the charges of fuel, wash, parking and fines foreseen for infringements.
4.7. In case the hired motorcycle is returned earlier than the deadline is, a recalculation is done based on the actual rental days and the corresponding price-list. Moreover, regardless of the returning hour, that day, as well as
the following day are considered as full rental days. In the result of the recalculation the additional sum is returned to the Renter fully if the latter has informed the Lessor about it at least 48 hours before the deadline fixed in the contract. On contrary, no sum is refundable.
4.8. The Renter is obliged to make all the additional charges, pay the fines and unpredicted additional payments which are quoted in the price list and have been calculated by the Lessor when returning the motorcycle
4.9. In case of prolonging the rental period it is necessary to inform the Lessor in advance and after getting the Lessors consent, he/she should sign a new agreement concerning the extension of the rental duration.
4.10. In case of returning the hired motorcycle later than the deadline is, regardless of the delaying reasons, without warning and agreement, fines are levied:
4.10.1. at an amount of 50% of one day rental price in case of delaying up to 3 hours
4.10.2. at an amount of 100% of one day rental price in case of delaying for 3 to 6 hours
4.10.3. twice of the amount of one day rental price in case of delaying more than 6 hours
4.11. If the Renter doesn't return the hired motorcycle after 24 hours of the foreseen deadline, the Lessor can consider it as a theft and take the hired motorcycle from any place without warning the Renter it can apply to the Police in order to
take back the motorcycle and proceedings against the Renter. In such cases the Lessor does not bear responsibility for the left things on the motorcycle
4.12. The Renter, when signing this agreement, provides a Deposit (mortgage sum) or he/she pays an additional fee (Super Collision) substituting the deposit (it is stated in Appendix 3). The deposit is refunded to the Renter due to the Clause 4.10, whereas the additional fee is liable to refunding in no case.
4.13. The deposit is foreseen to secure the Renter's obligations due to the rental agreement as well as to cover costs of such losses which are not compensated by insurance or they are not considered as an insurance case. If the fines or the charges for losses do not exceed the deposit they are compensated on account of deposit and its remaining part is refunded to the Renter. If the fines and charges of the losses exceed the deposit, no amount is refunded to the Renter and the cost, not compensated by the deposit, is levied from him/her additionally.
4.14 i. The deposit is kept via holding the corresponding amount on Renter's credit Card or paying in cash (the corresponding note is in Appendix 3). The deposit is holding until the full implementation of the obligations by the Renter according to this agreement. If the hired motorcycle is returned to the Lessor in a proper state and in due time, the deposit is refunded to the Renter (the kept amount from the credit Card is restored and the deposit, which has been provided in cash, is refunded in cash).
5. The insurance and responsibility in case of loss
5.1. The motorcycle is insured by compulsory MTPL condition . The Renter bears a full responsibility towards the insurance company. By signing this renr.31 agreement the Renter confirms that he/she has got acquainted and has also accepted the provisions of the insurance agreements (Appendix 5).
5.2. In case the Insurance company does not compensate the loss of the hired motorcycle or the third party (their estate, health, passengers), when the refusal to provide insurance compensation is due to tiie Renter's actions (inaction), including the violations of the insurance rules or in such cases when the loss isn't linked to insurance, the Renter is obliged to compensate the loss to the motorcycle, third party (their estate, health).
5.3. Compulsory MTPL insures those losses which have been caused by the transportation means to the injured party (third party), its estate. The losses of the third party are compensated by the following way:
5.3.1. Personal losses (injures to health and lost wages/incomes as well as the injured party's death - 3.000.000 AMD should be paid for an insurance accident.
5.3.2. Losses to the injured party's estate ֊ 1,500.000 AMD utmost should be paid.
5.3.3. If the third patty's loss is more, the Renter is obliged to compensate the loss additionally.
5.4. In case the insurance company does not compensate totally the third party's losses or it. does not compensate at all, it is the .Renter that assumes the responsibility for compensating the losses exclusively. The Lessor doesn't bear responsibility for the losses caused to the third party by the Renrer during whole the rental period of the motorcycle
In case of any accident, loss or damage the Heater should present a record defined by law, enforcement bodies as well as sufficient data about other carries of the accident. If it is the Ranter that is guilty of the insurance accident (or the guilty party is absent) the Renter compensates the whole amount of damage of motorcycle and other accessories of Lessor,
In case of loss of the constituent parts of the motorcycle, damage or motorcycle theft, the renter undercompensates the full amount of loss. If the Renter hasn't followed the traffic rules or any clause of the rental agreement (including that of insurance agreement) he/she bears the responsibility of the accident (damage, loss, theft, fire, etc.) totally and is obliged to compensate the estate and personal damages, losses of both the hired motorcycle, its passengers, of the Zesscrand the third party.
If the Renter isn't guilty of the insurance accident and there is a guilty party the Deposit refunded totally to him/her.
6. Other points
6.1. If either of the parties doesn't fulfill the obligations assumed by this agreement or fulfills them not properly, the other party can annul the agreement unilaterally by reporting about it the other party. As soon as the request is presented, the agreement won't be in force.
6.2. Force Majeure: The parties are relived of the responsibility if the obligations haven't been fulfilled properly and in due time because of force majeure circumstances (earthquake, flood, war, cessation of communication means, etc.) which have occurred after signing the agreement.
6.3. The disputes arising from this agreement are solved by mutual consent. The clauses, not foreseen by this agreement, are regulated by RA legislation.
6.4. The agreement is drawn up for 2 examples, in Armenian and English, each of the parties has one example which has equal legislative power, where Armenian prevails.
