MOTORCYCLE RENTAL TERMS AND CONDITIONS
Ecuador Freedom is committed to providing you with an enjoyable and memorable experience, and our top priority is your safety and welfare.
Although Ecuador Freedom has taken all reasonable steps to provide our guests with a motorcycle in perfect working condition, no activity is without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying their unique character. These inherent risks can cause loss of or damage to equipment, accidental injury, and illness, or in extreme cases, permanent trauma or death. Ecuador Freedom believes it is important for its clients to know what to expect and be informed of inherent risks.
At the signing of this contract, Ecuador Freedom or "FREEDOM" and you (hereinafter "RENTER," “You” or “CUSTOMER.”) accept these Terms and Conditions as a binding contract between Ecuador Freedom Corporation and yourself, as the Motorcycle RENTER. Please read them carefully. FREEDOM cannot accept any rental customer without a duly signed Motorcycle Rental Agreement, this contract, and a Credit Card Deposit on the day of the motorcycle pick-up date.
Furthermore, You agree and undertakes to comply with the conditions set out below:
GENERAL TERMS - MOTORCYCLE RENTAL
This document is to be attached to the document entitled “Rental Agreement” signed between Ecuador Freedom Corporation ECUFREECORP CIA Ltda Ecuador Freedom Bike Rental with RUC number 0190363112001, hereinafter “RENTAL PROVIDER” and “RENTER” (as specified as “RENTER” in the attached document entitled “Rental Agreement” ) to rent an automotive vehicle with the characteristics specified therein (“VEHICLE”). RENTER agrees and undertakes to comply with the conditions set forth below:
SECTION ONE. – USE OF THE VEHICLE.
- RENTER acknowledges that he/she has received the vehicle in perfect working condition and has performed an INSPECTION of the vehicle. The INSPECTION ensures that the lights, tires, brakes, suspension, and steering are functioning normally.
- RENTER understands the inherent danger of motorcycle riding, which can result in death or serious injury. Therefore, RENTER agrees to use the equipment necessary for their own safety. The riders must wear helmets and protective gear, for example.
- An additional driver is allowed (at additional cost), who must be present at the time of rental VEHICLE to provide necessary personal documentation.
- RENTER will use the VEHICLE according to the basic rules of driving and circulation, contained in the Transport Act defense, Traffic, and Road Safety and Regulations, and not to use THE VEHICLE and/or let it be used in the following conditions: remunerated transport of passengers, to push or tow any vehicle or any other object, with wheels or not, participate in competitions or races of any kind, to transport illegal goods or for any unlawful purpose or intent; the VEHICLE shall not be used to commit crimes, or any conduct sanctioned by law, provide assistance or protect law offenders, to transport or protect goods obtained by criminal activity; transport passengers in excess of the maximum; to transport freight or a number of goods that exceeds the maximum weight for the VEHICLE; dangerous, aggressive or reckless driving, or to take the VEHICLE outside of Ecuadorian territory without the express written consent of RENTAL PROVIDER.
- RENTER is aware that a GPS tracking device has been installed on the vehicle and that RENTER may not alter or disconnect this device.
SECTION TWO. – CONDITIONS OF CONTRACT
2.1 All drivers (including additional drivers) must be at least 18 years of age and possess a valid license to drive motorcycles issued by the competent authority in Ecuador or country of residence. The license, identity card, or passport (in the case of foreigners) and a valid credit card must be presented at the time of rental of VEHICLE.
2.2 RENTER will provide a security deposit of up to USD $2,500.00 per motorcycle, which will be authorized by RENTER at the time of rental. The deposit will be processed by a valid credit card only (not debit or prepaid).
2.3 Should RENTER want to keep VEHICLE for longer than that agreed in the ¨Rental Agreement¨, RENTER must obtain written permission from the RENTAL PROVIDER, and RENTER shall deliver the payment in advance.
SECTION THREE. – VEHICLE MAINTENANCE
3.1 RENTER shall be responsible for maintenance, repair, and accidents for the duration of the rental. The client agrees to make an INSPECTION of the bike before each use and takes responsibility for performing the INSPECTION correctly.
3.2 RENTER agrees to report any damage or mechanical problems immediately to the RENTAL PROVIDER. RENTER shall be responsible for mechanical damage due to negligence in the use of the VEHICLE or damage caused by a lack of maintenance during the rental.
3.3 RENTER agrees to return VEHICLE in the same condition in which it was given at the of the initial INSPECTION
3.4 If RENTAL PROVIDER is forced to retrieve THE VEHICLE, due to breach of the provisions of this clause, the RENTAL PROVIDER shall be entitled to charge a fee of U.S. $100.00 plus a mileage charge of $.69 per kilometer driven to retrieve VEHICLE.
SECTION FOUR. – LIMITATIONS OF LIABILITY
4.1 RENTER acknowledges that RENTAL PROVIDER does not provide medical coverage or insurance of any kind.
4.2 RENTER relieves the RENTAL PROVIDER from any liability for any accident that may occur involving the RENTER and/or his/her companions either due to their actions or negligence or left in the offices of the RENTAL PROVIDER.
4.3 Relieve the RENTAL PROVIDER from any liability for loss or damage occurring to objects left or transported in the vehicles or left in the offices of RENTAL PROVIDER.
4.4 RENTAL PROVIDER shall not be responsible for any detrimental effects on the interests of the RENTER that may relate to the VEHICLE performance or any of the terms and conditions of this contract.
4.5 RENTAL PROVIDER reserves the right to terminate the contract if RENTER fails to comply with any provision of the contract. In this case, the RENTAL PROVIDER is entitled to retain the money they have received, even if the contract's time has not been terminated.
SECTION FIVE. – VEHICLE RETURN
5.1 RENTER agrees to return VEHICLE to the rental office or another location indicated on the Rental Agreement. It shall be deemed to have terminated the rental agreement once the VEHICLE, including accessories and its keys, have been delivered to RENTAL PROVIDER.
5.2 At initial INSPECTION, THE VEHICLE shall be delivered to RENTER with a full tank of fuel. The RENTER shall return the VEHICLE with an equal amount of fuel. In case of default by the RENTER will be charged $6.00 per gallon.
5.3 The security deposit will be returned to RENTER up to three weeks after the return of the VEHICLE or once the RENTAL PROVIDER has tested the vehicle to be certain there has been no damage or traffic infractions due to use of the VEHICLE by RENTER
SECTION SIX. – PAYMENTS:
6.1. To secure your reservation, a deposit of 50% of the total tour price must be paid at the time of booking. The remaining balance must be paid before the rental pickup date and may be paid in our offices with a credit or debit card or with cash (United States Dollars).
6.2 If you cancel a booking 90 days or more in advance of the rental start date, the deposit is refundable minus 10% of the total rental price. A Deposit for a booking that is canceled by You for ANY reason (including but not limited to acts of God, weather, illness, and civil unrest) less than 90 days before the pickup or departure date is not refundable, and FREEDOM will not return any value to You.
6.3 Once the rental has started, FREEDOM shall make no return or refund to You, except as expressly described in this contract.
6.4 SPECIAL COVID19 Terms. You may modify your reservation for any Covid19 related reason and change your dates into the future at no additional charge for any reservation through December 31, 2021. FREEDOM wants to be as flexible as possible in these challenging times.
6.5 RENTER agrees to pay the RENTAL PROVIDER the following:
6.51 The General Price List and the price for the duration set in the Rental Agreement. The payment is always due (cash or card) at the time of signing the contract.
6.52 The amount of damage and/ or theft suffered wholly or partly to THE VEHICLE. RENTER shall be subject to a surcharge of up to USD $2,000.00 to cover administration and replacement costs. In case of damage, the RENTAL PROVIDER solely decides whether or not the VEHICLE shall be repaired, without any prejudice to the obligation of compensation for damages by RENTER.
6.53 The penalty for any violation of applicable law, which the RENTER may incur, charges for late payment by the RENTAL PROVIDER, and judicial and extrajudicial costs which the RENTAL PROVIDER may have incurred as a result of this agreement. Should the RENTAL PROVIDER pays fines for offenses committed by RENTER, RENTER will be charged a fine of $100.00 IN ADDITION TO THE FINES INCURRED BY RENTER.
6.54 Payment of rental fees throughout the time it takes to make repairs to VEHICLE.
SECTION SEVEN- JURISDICTION:
The parties agree to submit any dispute or difference arising out of or in connection with this contract, Mediation Center of the Judiciary of Pichincha. Failure to reach an agreement, subject to the civil judges of Pichincha in the shortened procedure when the amount is less than $5,000