Terms of use
Adventure Centre SARL
Please read these Terms of Use (the “Terms”) carefully.
By agreeing to rent a motorcycle from Adventure Centre, you agree to be bound by these Terms. These Terms constitute a binding contract between you and us, once you rent a motorcycle from us. We reserve the right, at our sole discretion, to modify, alter or update these Terms at any time. Such changes will be effective immediately upon posting of the Terms on our website. Unless the context otherwise requires, as used in these Terms, “we”, “us” and “our” refer to Adventure Centre. The terms “User”, “You” or “Your” refer to the person or persons with whom the Rental Agreement is entered into. Motorcycle’ means the motorcycle being hired.
1. RENTAL CONDITIONS
1.1 Each motorcycle is delivered in its own condition according to age, size and type. You accept all responsibility for your choice of motorcycle.
1.2 The duration and period of the rental of the motorcycle are detailed in the rental agreement. Cancellation of any reservation may result in the loss of any monies held for the reservation.
1.3 The Motorcycle remains the property of Adventure Centre SARL at all times. No title to the Motorcycle is transferred to you at any time.
1.4 When you are required to return the Motorcycle, it is indicated on the rental agreement under Time of Return. A late fee will apply for all late returns.
1.4.1 If you return the Motorcycle up to three hours later than the stated return time, you will be charged for an additional half day’s rental.
1.4.2 If you are three hours or more late, we will charge you for an additional day (or days if applicable) at the daily rate stated in your rental agreement.
1.5 You must hold a valid motorcycle license for driving in Morocco. The license must be clearly marked motorcycle. A passport is also required for foreign drivers. Customers are advised to take out full medical insurance in their country, at their own expense (assistance, medical cover, repatriation)
1.6 We reserve the right to refuse to rent a motorcycle to any person if we believe that the rider does not have the appropriate license or does not have the necessary skills to drive the motorcycle.
1.7 Riding on beaches, grassy areas or across rivers, flood waters or any other body of water is prohibited.
2.DAMAGE/ACCIDENT
2.1 You are responsible for all costs arising from damage to or loss of the Motorcycle or any equipment and the cost of any damage caused by you to a third party. You are also responsible for all costs of repatriation (i.e. towing, recovery) and any recovery costs incurred will be added to any excess damages we charge.
2.2 If we believe that the damage is caused by misuse or abuse of the Motorcycle, or if you breach these conditions or the hire agreement, you will be responsible for the hire charges for the remainder of the unexpired hire period, together with all costs of repair, replacement parts and recovery of the Motorcycle;
2.3 If you are involved in an accident you must obtain details of all parties involved including name, address, driving licence numbers and insurance details (if available). You agree to provide all assistance reasonably required, including the provision of statements or documents, and will attend court to give evidence and if necessary meet with our legal advisers in any legal action arising from your hire of the Motorcycle.
2.4 Whatever the circumstances of the accident, you will not admit any liability to any other party to the accident for any reason whatsoever.
2.5 You must inform the police if required by the Highway Code.
2.6 You must not leave the Motorcycle unattended until a tow truck or rescue operator arrives, unless your health or safety would otherwise be endangered.
2.7 You must complete and return a copy of the accident report which we will provide to you.
3.LOSS AND DAMAGE
You are responsible for :
loss of and damage to the motorbike and;
any damage to the property of any person,
which is caused by you or any person you authorise to ride the motorbike, or is caused by the use of the motorbike by you or any person you authorise to ride the motorbike.
Additional amounts payable
In addition to clause 3, you must always pay us the following costs and expenses, including the cost of repairing or recovering them:
damage due to water absorption in the engine;
damage to the motorbike or to the property of a third party caused by a breach of this rental agreement;
Damage to a tyre or accessory that is not attributable to normal wear and tear;
Damage to the Motorcycle or third party property caused deliberately or recklessly by you, any other operator of the Motorcycle or any vehicle carried during the rental period;
recovery costs where the damage to the motorbike is caused deliberately or recklessly by you, any other rider of the motorbike or any other vehicle carried during the Rental Period;
the cost of replacing a lost or stolen accessory; and
if You have breached the Rental Agreement, a daily loss of earnings fee based on the estimated downtime.
Until a claim is settled by payment, the excess will be payable by you in all cases.
4.SERVICE
Scheduled maintenance is included in the cost of the rental;
When you exceed 5000 km for the rental period you will inform us so that we can arrange for the service to be carried out within a reasonable time at an authorised service point at our expense.
It is your responsibility to bring the motorbike to the pre-arranged service location; and there will be no reduction in the rental charge while the motorbike is being serviced
Scheduled maintenance is included in the cost of the rental;
5. CANCELLATIONS
All bookings are final and non-refundable.
If you are not in possession of a valid motorbike driving licence at the time of hire, no refund will be given. If you do not pick up your rental on the scheduled date (no show), you will not receive a refund.
A reservation can be cancelled :
after 90 days before the pick-up date, there will be no refund but the contracted amount will be issued as a Credit Note which can be used within one year from the date of issue.
If the booking is cancelled between 30 and 90 days prior to the date of pick-up, 20% of the total will be retained as a cancellation fee, and the remaining 80% will be issued as a Credit Note which can be used within one year of the date of issue.
If the booking is cancelled within 30 days before the pick-up date or if the client fails to show up, 100% of the amount due will be applied.
Note: An administration fee of 250 Dirhams will be applied to any booking changed between 30 and 1 day before the pick up of the motorbike.
6.LATE RETURNS
If you fail to return the Motorcycle before the end of the rental period without informing us, we may, without affecting any other rights, inform the police or any other authority and take such steps or proceedings as may be necessary to recover possession of the Motorcycle.
You agree to indemnify us for all costs incurred by us in recovering the Motorcycle. We may enter any premises where we believe the motorbike may be In such cases, the hirer releases us from any liability or damage incurred in recovering or attempting to recover the motorbike.
7.ONLINE HIRE CHARGES AND PAYMENT
If you decide to hire a motorbike, you will be required to register online, provide a valid credit card and pay Adventure Centre SARL a rental reservation deposit fee. The balance of the booking fee is payable directly on the day of booking.
You hereby agree to pay all applicable fees in connection with the services you select. You also hereby authorise Adventure Centre SARL to automatically charge your credit card account for all charges incurred by you or any person using your login and password to rent motorbikes or other equipment, without the need to provide you with any further notice of the charges so incurred.
We reserve the right to change our price list and fees and to introduce new fees at any time. Your use of the website following any such changes constitutes your acceptance of any new or increased fees.
You acknowledge that all payments for services offered by Adventure Centre SARL are handled by an online payment platform operated by a third party payment provider. When you wish to book a motorbike or other equipment, you must enter your credit card information on the website. Adventure Centre SARL will then forward it to the processor for payment. You agree that Adventure Centre SARL is not responsible for any errors, fraud, identity theft or other problems with credit card processing or online payments.
8.EXCLUSION OF WARRANTIES
We reserve the right to confiscate the motorbike at any time without notice in the event that the rental agreement is breached, or the motorbike is damaged in any way, or continued use of the motorbike would be detrimental to the motorbike or its owner.
You hereby release Adventure Centre SARL and its employees, agents and other related parties from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and Adventure Centre SARL relating to any rental of bikes or other equipment.
9.LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT NEITHER ADVENTURE CENTRE, ITS DIRECTORS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES SHALL BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY NATURE WHATSOEVER BASED UPON OR ARISING OUT OF THE RENTAL OF ANY BIKE OR OTHER EQUIPMENT FROM ADVENTURE CENTRE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ADVENTURE CENTRE AND ITS RELATED PERSONS AND ENTITIES SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGE RESULTING FROM ANY FAILURE TO PERFORM OR NON-PERFORMANCE IN THE OPERATION OF THE MOTORBIKE AND OPTIONS SELECTED.
IN NO EVENT SHALL ADVENTURE CENTRE’S LIABILITY IN CONNECTION WITH OR ARISING FROM THE RENTAL OF ANY MOTORBIKE OR OTHER EQUIPMENT EXCEED THE APPLICABLE RENTAL RESERVATION DEPOSIT FEE ACTUALLY PAID TO ADVENTURE CENTRE THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ADVENTURE CENTRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10.REFUNDS
Requests for refunds must be made in writing no later than 30 days after the start date of the rental booking. All refunds are also subject to Adventure Centre’s cancellation policy. Whilst we understand that sometimes cancellations are unavoidable, we reserve the right to retain 30% of your total hire at our discretion.
11.INDEMNITY
You agree to indemnify, defend and hold harmless Adventure Centre and the suppliers, their officers, directors, employees, affiliates, agents, licensors and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
12.APPLICABLE LAW
These Terms of Use of the Rental Agreement are governed by the laws of the Kingdom of Morocco. The User undertakes to resolve any dispute exclusively within the jurisdiction of the Courts located in Morocco for the purposes of litigation of all such disputes. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable by a court of competent jurisdiction, that provision shall be severable from these Terms of Use and shall not affect the validity of any remaining provisions. Adventure Centre’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
13.ENTIRE AGREEMENT
The provisions and conditions of these Terms, together with each obligation contained herein, constitute the entire agreement between Adventure Centre, its affiliates or related entities, and you, and supersede any prior agreement or understanding not incorporated herein. In the event of any inconsistency between these Terms and any future published terms of use or agreement, the last published Terms or terms of use or agreement shall control.
