Terms and Conditions

Avento Motorcycle Rental, with registered address at Corsega 515, Barcelona, hereinafter "Avento", also known as Gargiulo&Messina SL, rents the motorcycle identified in this contract to the renter whose details and signature appear in it. Both parties agree to be bound by the clauses and conditions set out below, which the renter accepts and undertakes to comply with in full.

The renter declares that they have read this contract carefully and are willing to raise any doubt or concern that may arise. If further explanation is needed, the renter will ask the Avento representative available to provide it. In this way the renter confirms that they fully understand the terms and conditions of the contract and are willing to comply with all of them.

The renter acknowledges receiving the motorcycle in good working order and clean, including both tyres. If the motorcycle suffers any damage from causes other than normal wear and tear, the renter must take responsibility and repair it immediately, paying for the repair in full, or replace the tyres with others of identical characteristics and state of wear. The renter is strictly forbidden to make changes or technical modifications to the motorcycle, or to its keys, equipment, tools and accessories. If this is breached, the renter is responsible for the cost of returning the motorcycle to its original state, and for compensation for the time the vehicle is off the road. The renter releases Avento from any liability for loss of or damage to objects left or carried on the motorcycle, and to the occupants' clothing, both during the contract and after the motorcycle is returned.

The rental price is set according to the general tariff in force and must be paid in advance by the renter at the start of the rental, by credit card or bank transfer.

The security deposit is also set according to the general tariff in force and is not charged in advance: it is authorised in advance. It is handled through Swikly, so no amount is charged and no funds are held on the renter's card. That authorisation is used only to cover damage caused during the rental and any amounts the renter must bear under this contract; if there are none, it expires automatically at the end of the rental without ever being charged. The deposit cannot be used to extend the rental period.

If the renter wishes to keep the motorcycle for longer than agreed in the contract, they must obtain written authorisation from Avento and pay the corresponding amount. Please note that if the renter rides with the contract expired and without the lessor's authorisation, the insurance taken out for the motorcycle is automatically suspended. It is therefore essential to respect the agreed dates and obtain authorisation, to avoid any problem or lack of cover.

The renter receives the vehicle described above in good condition for use and undertakes to keep it that way, without modifying its structure and without fitting additional accessories. At the end of the rental, the renter must return the motorcycle at the place and on the date stated in the rental contract, in the same condition in which it was received. That means keeping the motorcycle in good order, including all its tools, accessories, documentation and wheels. If the renter uses the vehicle in breach of the conditions of this contract or of any applicable law, Avento may terminate the contract immediately and demand the return of the motorcycle at any time during its term, without prior notice. In that case the renter is responsible for the costs of returning the vehicle.

In the event of loss, damage or theft of the motorcycle or any of its components during the rental, the renter must compensate Avento, at its request, for the loss suffered. This includes the cost of repair, depreciation, loss of earnings and the cost of towing and recovering the vehicle, up to the maximum excess set out in our current rates for the model rented (see the price list in force, including the corresponding VAT). For damage to the motorcycle, its accessories and fittings, or their theft, the renter is responsible for the following items and amounts, subject to an expert assessment of the damage:

• Damage to parts of the motorcycle (fairing, engine, exhaust, seat, etc.) caused by knocks or scrapes.
• Damage to glass or mirrors, such as chips, scratches, loss or theft.
• Damage to the tyres, whether punctures or excessive wear.
• Loss or theft of keys and/or documentation.
• Loss, theft or damage of accessories.

If any of the above amounts is paid by credit or debit card, the renter's signature accepting the general terms and conditions of the rental contract also authorises Avento to charge the final total of the contract to the renter's account at the card issuer.

Provided the renter complies with the conditions of this contract (including, among others, regular checks of oil and water levels, tyre pressure and other basic parameters for riding the motorcycle), and provided the loss or damage is not caused by wilful misconduct or gross negligence of any authorised rider, or by an unauthorised rider, the renter's liability is limited as follows: liability for loss of or damage to the motorcycle is limited to the full amount of the minimum excess set out in Avento's current price list.

The motorcycle must be returned with the same fuel level it had when it was handed over, clean and in good condition, without damage. Any missing fuel is charged. The renter must return the motorcycle at the end of the rental, at the agreed place, date and time, together with the motorcycle's documentation, keys, tools and accessories, in the same condition in which they were received. If the keys, tools, accessories or documentation are lost, Avento may apply a charge.

If the motorcycle is returned with mud or excessive dirt, the renter is responsible for the cleaning costs.

Nothing in these terms excludes or limits Avento's liability for negligence, or any other liability that cannot lawfully be excluded. That said, Avento accepts no liability for any loss or harm suffered by the renter, whether to their person or their property, either during the rental period or after the contract ends.

All the charges set out in this contract are calculated according to Avento's price list in force and include the following:

• a) The rental of the motorcycle, together with any additional charges for accessories and services booked.
• b) The minimum rental period is 48 hours. If the renter returns the motorcycle to Avento later than the agreed return time, Avento may charge the renter an extra day of rental at the applicable daily rate.
• c) Any charge the renter must bear under the sections of this contract, as well as the circulation supplement.
• d) The cost of refuelling the motorcycle, covering any fuel missing if the motorcycle is returned with less than it had when it was delivered.
• e) The cost of obtaining replacement documentation for the motorcycle if the renter mislays or loses it.
• f) The cost of towing to the nearest Avento base, where the motorcycle is immobilised for reasons that are Avento's responsibility.
• g) Taxes at the rate in force, applicable to the services and to the rental of the motorcycle.

During the rental period the renter is responsible for all fines arising from breaches of traffic, road, parking and toll rules, and for any other consequence or liability arising from the use of the vehicle. If the renter commits an offence during the rental, Avento will charge €50 for the administrative work, in addition to payment of the fine itself. At the renter's request, Avento will provide a copy of any notice received in connection with those offences.

• a) Riding: The renter undertakes to ride the motorcycle in accordance with all traffic rules and laws, and to follow the usage specifications particular to motorcycles. The renter must also meet the age requirements and hold a valid licence as set out in our current terms.
• b) Authorised riders: Only the persons identified and accepted by the lessor in this contract may ride the motorcycle. In the event of a breach, the renter is responsible for any unauthorised use and must compensate Avento for the resulting loss.
• c) Parking: The renter must make sure the motorcycle is parked in a safe place, locked and secured when not in use.
• d) Fuel: The renter must refuel with the type of fuel recommended by the motorcycle's manufacturer.
• e) Proper use: The motorcycle may only be used for personal travel and in accordance with traffic and road safety rules. The limits on the number of passengers and on carrying loads, as stated in the motorcycle's technical data sheet, must be respected.
• f) Territory: The motorcycle may be ridden throughout Europe. Written authorisation from Avento is required to travel outside Europe.
• g) Vehicle off the road: If the motorcycle is unavailable to Avento because it is held by the authorities, or because of breakdown or damage caused during the rental and attributable to the renter, the renter must pay the rental for the days affected.
• h) Limits and prohibitions: During the rental, the renter undertakes to comply with the following restrictions:
  • Riding under the influence of alcohol, drugs or any substance that reduces their capacity is forbidden.
  • Carrying passengers or goods for payment is not permitted.
  • Pushing or towing other vehicles or objects is forbidden.
  • Taking part in races, trials or competitions, whether official or not, is not permitted.
  • Carrying illegal or dangerous goods, or goods in breach of the transport law in force, is forbidden.
  • The motorcycle must not be used to commit crimes or acts prohibited by law.
  • Subletting the motorcycle is forbidden. No part of the motorcycle or its equipment may be transferred, mortgaged, sold or given as security.
• i) Complaints: Any complaint or objection must be notified to Avento within thirty calendar days of receiving the final account statement. After that period the statement is treated as final. Complaints arising later must also be notified to the renter within 30 days.

Avento guarantees that the people authorised to use the rented motorcycle are covered by insurance, on the terms of the policy, which is available to the renter on request. The policy meets all applicable legal requirements and covers the owner, the renter and any authorised rider, protecting them against third-party claims for personal injury or property damage caused while the motorcycle is in use. Every rental includes compulsory third-party liability insurance, voluntary third-party liability insurance, damage claim management, personal accident insurance, hospitalisation and roadside assistance. The conditions of the policy, including any territorial restriction, form an integral part of the contract.

In the event of an accident, loss, damage or theft of the motorcycle, the renter must notify the police and Avento immediately, and in any case within 24 hours. The renter must also complete the friendly accident report supplied with the motorcycle's documentation, and complete and sign the corresponding report on the incident at the nearest Avento base. Failure to do so voids the insurance. The renter must also cooperate fully with Avento, the police and Avento's insurers in any investigation or legal proceedings arising from the incident, and must pass on immediately any letters, summonses or notices relating to it, giving full cooperation to the lessor and the insurance company in the investigation and defence of any claim or legal proceedings arising from the incident.

By signing this contract, the renter authorises Avento to charge their credit card for any amount agreed or outstanding at the end of the contract, whether for the rental itself, for damage to the vehicle not covered by the insurance taken out, or for other items attributable to the renter, in accordance with the terms and conditions of the contract. Avento will provide the renter with an itemised breakdown of those charges.

As an Avento customer renting a motorcycle owned by us, your personal data is processed and stored in a file called "customers", for which Avento is responsible. Processing your data is necessary to manage our commercial relationship, and the data may be shared with third parties in accordance with the legal obligations in force. You have the right to access, correct, object to and request the deletion of your data, in writing to the address given in this contract as Avento's registered office. Avento confirms that the personal data provided in this contract will be used in accordance with the data protection rules in force (GDPR / LOPDGDD 3/2018).

This motorcycle rental contract is governed by the laws of Spain and, in the event of any dispute, the Courts and Tribunals of Barcelona have exclusive jurisdiction to resolve it, with express waiver of any other jurisdiction. Any change or modification to the clauses and conditions of this contract must be in writing and signed by both the lessor and the renter; otherwise it is null and void.

Refundable cancellations: Bookings cancelled more than 7 days before the start of the rental are refunded in full, less a 5% administrative fee.

Rescheduling and rental credits (non-refundable): For cancellations with less than a week's notice, no cash refund is given. A rental credit is issued on the following terms:

• Between 7 days and 72 hours before: a credit for the amount paid — insurance and service fee included — less a 5% administrative fee.
• Between 72 and 24 hours before: a credit for 50% of the amount paid — insurance and service fee included — less a 5% administrative fee on the amount paid.

Credit ownership: Every rental credit issued is personal and non-transferable. It may only be redeemed by the original holder of the booking and is valid for 12 months from the date of issue.

Driving licence requirements: The renter declares at the time of booking that they are at least twenty-five (25) years old and hold a valid driving licence of the category required for the motorcycle, obtained at least three (3) years earlier. Avento checks this documentation before handing over the motorcycle. If the documentation does not meet these requirements, or is not provided, Avento will cancel the rental and refund the full amount paid, with no penalty and as an exception to the credit policy described above. This refund does not extend to any other expense the renter has incurred in connection with the trip.

Last-minute cancellations: Cancellations made less than 24 hours in advance, or no-shows, are non-refundable. A 100% charge applies, as the vehicle was held and prepared exclusively for your booking.