General Terms and Conditions
MOTORCYCLE RENTAL AGREEMENT
Velora Group d.o.o. (hereinafter referred to as the “Company”) hereby rents to the undersigned renter (hereinafter referred to as the “Renter”) the motorcycle described on the front page of this Agreement, including any replacement motorcycle provided by the Company (hereinafter referred to as the “Motorcycle”), subject to the terms and conditions set out in this Agreement. By signing this Agreement, the Renter confirms that they have read, understood and accepted all terms and conditions in full.
1. DELIVERY AND RETURN
The Renter confirms that they received the Motorcycle after inspecting it and finding it in satisfactory, roadworthy and proper operating condition and suitable for the intended rental purpose.
The Renter must return the Motorcycle, together with all keys, registration and insurance documents, tools, protective equipment, luggage systems, navigation equipment and any other accessories supplied with it, in the same condition in which they were received, except for normal wear and tear. The Motorcycle must be returned at the location, date and time stated in this Agreement, unless otherwise agreed in writing by the Company.
The Company grants a grace period of twenty-nine (29) minutes after the agreed return time. Once this grace period has expired, an additional rental day may be charged for each commenced additional twenty-four (24) hour period during which the Motorcycle remains in the Renter’s possession.
If the Motorcycle is not returned on time, or if any item supplied with it is lost or damaged, the Renter shall pay the applicable rental charges and all related costs, losses and damages.
The Company reserves the right to repossess the Motorcycle at any time, without prior notice and without the Renter’s consent, at the Renter’s expense, if the Company reasonably believes that the Motorcycle is at risk of damage, loss or theft, that outstanding rental charges may not be paid, or that the Motorcycle is being used contrary to this Agreement, applicable law or the agreed rental period.
2. THEFT, LOSS AND DAMAGE
The Renter is liable for theft, attempted theft, partial theft, loss of or damage to the Motorcycle, its parts, accessories, equipment and documents, as well as for damage or injury caused to third parties, including passengers, subject to the terms of any valid insurance or waiver expressly accepted under this Agreement.
More specifically:
(a) The Renter is fully responsible for all damage caused to the Motorcycle or to third parties where the Motorcycle has been used in breach of this Agreement, illegally, negligently, recklessly or contrary to applicable laws and regulations, regardless of any optional insurance or waiver purchased.
(b) The Renter is responsible for the partial or total theft or loss of the Motorcycle unless the Company has expressly released the Renter from such liability through valid Theft Protection (TP) or another applicable protection product accepted at the beginning of the rental and stated on the front page of this Agreement.
Any such protection shall apply only if the Renter has taken all reasonable precautions to prevent theft or loss, including properly locking the Motorcycle, safeguarding the keys and documents and using any security devices supplied by the Company.
Theft or loss of individual parts, keys, documents, helmets, luggage, panniers, top cases, navigation equipment, accessories or other equipment is not covered unless expressly stated otherwise in writing.
(c) The Renter is responsible for damage to or loss of the Motorcycle resulting from collision, impact, falling, overturning, fire, vandalism or any other incident unless the Renter has validly accepted Collision Damage Waiver (CDW), Super Cover (SC) or another applicable protection product, where offered, by signing the relevant section of this Agreement and paying the applicable charge.
Acceptance of CDW, SC or any other protection product does not release the Renter from liability where the Motorcycle was used contrary to this Agreement, particularly contrary to Article 4.
Even where CDW or SC has been accepted, the Renter remains liable for the applicable deductible or minimum damage charge stated on the front page of this Agreement or in the Company’s valid price list.
Unless expressly agreed otherwise in writing, protection products do not cover damage to:
1. tires, rims and wheels;
2. the underside of the Motorcycle, engine casing, exhaust system, suspension, forks, handlebars, levers, mirrors, footrests, panniers, top case or other exposed components;
3. the Motorcycle caused during loading, unloading, securing or transportation by trailer, ship, train or any other means of transport without the Company’s prior written consent;
4. keys, documents, accessories, riding equipment or additional equipment supplied with the Motorcycle.
All insurance and protection products apply only to the Renter and any additional rider expressly named and authorized in this Agreement.
If the Renter has not accepted Theft Protection or another applicable theft protection product, the Renter may be liable for the full market value of the Motorcycle in the event of theft or total loss. Where valid protection applies, the Renter shall remain liable for the applicable deductible and for any exclusions stated in this Agreement.
3. CHARGES
Unless otherwise agreed in writing, the Renter shall pay the Company the following amounts:
(a) The fixed rental charge for the entire rental period.
(b) Any excess mileage charge calculated according to the number of kilometers traveled during the rental period and the applicable rate stated in the Company’s price list or on the front page of this Agreement. Mileage shall be calculated according to the odometer reading recorded at the beginning and end of the rental. If the odometer is damaged, disconnected, tampered with or not functioning, the Company may reasonably estimate the distance traveled based on available GPS data, routes, fuel records or other relevant evidence.
(c) Fuel charges where the Motorcycle is not returned with the agreed fuel level, together with any applicable refueling service charge stated in the Company’s valid price list. Any fuel-related matter must be reported and resolved at the time the Motorcycle is returned. Claims made after the Renter has left the return location may not be accepted.
(d) Charges for any accepted insurance, protection product, additional rider, riding equipment, luggage system, navigation equipment, delivery, collection or other additional service.
(e) A non-refundable administration fee, in accordance with the valid price list, where an accident, damage, theft, traffic offence, towing, recovery or similar incident requires administrative processing by the Company.
(f) All applicable taxes, duties, legal expenses, collection costs, default interest and other expenses incurred by the Company in connection with the rental, recovery of unpaid amounts or repossession of the Motorcycle.
(g) All fines, penalties, parking charges, toll charges, court expenses and other costs arising from the Renter’s use of the Motorcycle. The Renter shall also pay the applicable administration fee for processing each fine, penalty or official request. The Renter and any additional rider remain personally responsible for all offences committed during the rental period.
(h) The cost of replacing or repairing damaged or destroyed tires, rims, wheels, keys, documents, accessories, luggage equipment, navigation equipment, riding equipment and any other supplied item, unless expressly covered by an applicable protection product.
(i) Any additional delivery, collection or one-way rental charge, including the cost of recovering the Motorcycle where it is returned to a location different from the location agreed in this Agreement without the Company’s prior written consent.
(j) Any applicable airport, port, hotel, accommodation or special-location service charge stated in the Company’s valid price list or agreed before the rental.
The Renter acknowledges that all charges are subject to final review and audit. Any discount may be withdrawn if payment is not made within the agreed deadline.
4. TERMS OF USE
The Renter must take proper care of the Motorcycle, keep it in good condition and operate it responsibly and in accordance with the manufacturer’s instructions, applicable traffic laws and this Agreement.
The Renter must monitor warning lights, tire condition and pressure, oil level, coolant level where applicable, chain condition and lubrication where applicable, and any other basic operating condition reasonably expected of a motorcycle rider. If a warning light appears or a mechanical issue is suspected, the Renter must stop riding as soon as it is safe to do so and contact the Company immediately.
The Renter may not repair, modify, dismantle or allow any third party to repair or modify the Motorcycle without the Company’s prior written consent, except where immediate action is necessary to prevent greater damage or protect personal safety and the Company cannot reasonably be contacted.
The Motorcycle may not be taken outside Croatia, transported by ship, ferry, train, trailer or any other means, or used on islands or routes requiring special transport, without the Company’s prior written consent where such consent is required by the Company.
The Motorcycle must not be used:
(a) to carry persons or property for payment or commercial transport;
(b) to push, pull or tow any vehicle, trailer or other object;
(c) in races, rallies, speed tests, track days, competitions, timed events or organized off-road events;
(d) for sub-rental, lending or transfer to any unauthorized third party;
(e) for any unlawful purpose or in violation of Croatian law or the law of any country in which use has been authorized;
(f) while the Renter or additional rider is under the influence of alcohol, illegal drugs, narcotics, medication or any other substance that may impair concentration, judgment, coordination or reaction time;
(g) contrary to traffic, customs, border, road-use or other applicable regulations;
(h) by any person other than the Renter or an additional rider expressly named and authorized in this Agreement;
(i) to carry excessive, unsecured or unsuitable luggage, flammable materials, hazardous substances, illegal goods, substances that may stain or damage the Motorcycle, or any load exceeding the manufacturer’s permitted limits;
(j) to carry out illegal transportation of persons or goods or to commit any criminal or unlawful act;
(k) on closed roads, motocross tracks, beaches, riverbeds, hiking trails, stairs, deep water crossings or terrain clearly unsuitable for the Motorcycle, unless the Company has expressly authorized such use in writing;
(l) in a reckless, abusive or negligent manner, including deliberate wheelies, burnouts, drifting, stunt riding or operation beyond the rider’s abilities or the Motorcycle’s intended use.
The Renter and every additional rider must hold a valid driving licence of the correct category for the Motorcycle and comply with all legal requirements concerning protective equipment. The use of an approved motorcycle helmet is mandatory for the rider and any passenger.
5. EXTENSION OF THE RENTAL PERIOD
If the Renter wishes to extend the rental period, the Renter must contact the Company in writing at least twenty-four (24) hours before the agreed end of the rental period and obtain the Company’s written approval.
The rental period is not extended merely because the Renter has contacted the Company. An extension is valid only after written approval has been issued and any required additional payment or deposit has been completed.
If the Renter retains the Motorcycle without approval, the Renter may be liable for unauthorized use and for all resulting civil, criminal, financial and insurance consequences.
Any approved extension remains subject to this Agreement and to any additional terms stated in the written extension confirmation, whether the extension concerns the original Motorcycle or a replacement Motorcycle.
6. COMPANY LIABILITY
To the fullest extent permitted by applicable law, the Company shall not be liable for any indirect loss, loss of profit, loss of opportunity, interruption of travel or other consequential loss suffered by the Renter or a third party during the rental period.
Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited under applicable law.
The Renter is responsible for selecting a Motorcycle appropriate to their licence, experience, physical ability and intended route and for deciding whether weather, road and traffic conditions are safe for riding.
7. ACCIDENTS, BREAKDOWNS AND OTHER INCIDENTS
In the event of an accident, breakdown, fire, theft, attempted theft, vandalism, loss or any other incident, the Renter or additional rider must immediately:
(a) stop safely, protect the accident scene and take reasonable measures to prevent further damage or injury;
(b) not admit liability, accept blame, negotiate compensation or settle any third-party claim;
(c) obtain the names, addresses, telephone numbers and insurance details of all involved persons and the names and contact details of witnesses;
(d) record the registration number, make, model and driver details of any other involved vehicle;
(e) notify the police whenever required by law, where any person is injured, where theft or significant damage has occurred, where the other party refuses to provide information, or where instructed by the Company;
(f) contact the Company immediately using the contact details provided in the rental documentation;
(g) photograph or record the scene, road conditions, damage, vehicles and relevant documents where it is safe and lawful to do so;
(h) follow the Company’s instructions concerning roadside assistance, towing, repair, replacement or return of the Motorcycle.
The Renter must complete and sign an accident, damage or theft report and submit all supporting documents to the Company within twenty-four (24) hours, unless prevented by hospitalization or another justified circumstance.
In the event of theft or loss, the Renter must report the incident to the nearest police station without delay and no later than twenty-four (24) hours after becoming aware of it. The Renter must provide the Company with the police report, all keys and all Motorcycle documents in their possession.
The Renter may not abandon the Motorcycle without taking reasonable steps to secure it and receiving instructions from the Company.
8. INSURANCE AND PROTECTION PRODUCTS
(a) The Company provides the mandatory insurance coverage required under applicable law through an insurer of its choice, subject to the terms, limits and exclusions of the applicable insurance policy.
(b) Insurance coverage applies only to the Renter and additional riders expressly authorized by the Company and only while the Motorcycle is being used in accordance with this Agreement and applicable law.
(c) Personal belongings, luggage, mobile phones, cameras, clothing and other property carried by the Renter, additional rider or passenger are not insured by the Company unless expressly agreed otherwise in writing. The Company shall not be liable for their loss, theft or damage, except where liability cannot legally be excluded.
(d) CDW, SCDW, TP, PAI and any other protection product are contractual limitations or insurance-related products subject to specific conditions, deductibles, exclusions and limits. They do not provide unlimited coverage and do not apply where the Motorcycle has been used contrary to this Agreement.
9. PERSONAL DATA
The Renter acknowledges that the Company may collect, store and process personal data necessary for entering into and performing this Agreement, processing payments, managing insurance and damage claims, preventing fraud and theft, complying with legal obligations and protecting the Company’s legitimate interests.
Where legally required or justified, the Company may disclose relevant personal data to public authorities, courts, police, insurers, roadside assistance providers, payment service providers, legal advisers and other persons involved in the administration or enforcement of this Agreement.
Personal data shall be processed in accordance with applicable data-protection legislation and the Company’s privacy notice.
10. MOTORCYCLE TRACKING (GPS)
Rental motorcycles may be equipped with GPS or other telematics tracking devices.
Such systems may be used for motorcycle security, theft prevention and recovery, emergency assistance, mileage verification, fleet management and monitoring compliance with this Agreement, including unauthorized border crossings or use outside an approved area.
By signing this Agreement, the Renter acknowledges that the Motorcycle may be tracked during the rental period in accordance with applicable law and the Company’s privacy notice.
The Renter must not remove, disconnect, disable, obstruct or tamper with any GPS, telematics or security device. Any such action constitutes a serious breach of this Agreement and may result in immediate termination of the rental, repossession of the Motorcycle and liability for all resulting costs and damages.
11. MISCELLANEOUS
(a) The Motorcycle remains at all times the property of Velora Group d.o.o. or of the legal owner that has authorized Velora Group d.o.o. to rent it. This Agreement grants the Renter only a temporary right to use the Motorcycle in accordance with its terms.
(b) The Renter is not an employee, agent, representative or partner of the Company and may not create any obligation on behalf of the Company.
(c) The Renter and all additional riders are jointly and severally liable for all obligations arising under this Agreement.
(d) Where this Agreement is signed by a representative on behalf of the Renter, that representative confirms that they are authorized to do so and may be jointly and severally liable where permitted by law.
(e) This Agreement supersedes all prior written or oral agreements relating to the same rental, except for any separate written document expressly incorporated into this Agreement.
(f) A failure or delay by the Company in exercising any right shall not constitute a waiver of that right.
(g) Any amendment, exception or additional agreement is valid only if confirmed in writing by the Company.
(h) These terms apply to the original rental period, any approved extension and any replacement Motorcycle supplied during the rental.
(i) In the event of any discrepancy between copies of the Agreement, the original or the Company’s official electronic record shall prevail, subject to applicable law.
(j) If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
(k) All headings are included for convenience and do not affect the interpretation of this Agreement.
12. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by the laws of the Republic of Croatia.
Any dispute arising from or in connection with this Agreement shall be subject to the jurisdiction of the competent court in Rijeka, Croatia, unless mandatory consumer-protection or other applicable law provides otherwise.