Terms of Use
Adventure Centre SARL
Please read these Terms of Use (the “Terms”) carefully. If you decide to rent a motorbike from us you will be deemed to have accepted and be bound by these Terms. These Terms form a binding contract between us and you once you rent a motorbike from us. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon publishing the Terms on our website. Unless the context indicates otherwise, as used in these Terms, “us,” “we,” and “our” refer to Adventure Centre The term “User”, “You” or “Your” refers to the person(s) with whom the Rental Agreement is made. The term “motorbike” refers to the motorbike rented.
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TERMS OF RENTAL
1.1 Each motorbike comes in its own condition depending on age, size and type. You accept all liability with respect to your choice of motorbike; and
1.2 The motorbike rental time and period is detailed in the Rental Agreement; A cancellation of any booking may result in loss of any moneys held for the booking.
1.3 The motorbike remains the property of Adventure Centre SARL at all times. No title in the motorbike passes to you at any time;
1.4 When you are to return the motorbike is stated on the Rental Agreement under Time of Return. Late charges will apply for all late returns.
1.4.1 In the event you return the motorbike up to to three hours later than the stipulated return time you will be charged for each hour including the first hour.at the hourly rate stated in your Rental Agreement;
1.4.2 In the event you are three hours or more late, we will charge you for an additional day (or days if relevant) at the daily rate stated in your Rental Agreement
1.5 You must hold a current, acceptable Motorbike license verifiable by the appropriate regulatory authority. All licences must show motorcycle endorsement clearly. Passport identification is also required for international riders. It is advisable that international hirers have medical insurance;
1.6 We reserve the right to refuse to rent any person a motorbike if we deem the rider is not appropriately licensed or does not have the necessary skills to operate the motorbike.
1.7 You must navigate the motorbike on a properly constructed and recognized roadway, either sealed or unsealed (depending on the motorbike that is rented).;
1.8 on any fire trails, any beaches, grassed areas or through streams, rivers, flood waters or any other body of water.
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DAMAGE/ACCIDENT
2.1 You are responsible for all costs of any description, including all applicable insurance excesses arising out of damage to or loss of the motorbike or any equipment, together with the cost of any damage caused by you to third party. You are also responsible for all recovery costs (i.e. towing, salvage) and any recovery costs incurred by you will be additional to any damage excess we charge.
2.2 If damage is caused by the misuse or abuse of the Motorbike in our opinion or you are in breach of these Terms or the Rental Agreement You will be liable for the Rental Charge for the remainder of the unexpired hire period, together with all repair costs, replacement parts and recovery of the motorbike;
2.3 In the event you are involved in an accident, you must obtain details of all parties involved including name, address, driver’s license numbers and insurance details (if they are available). You agree to provide all assistance reasonably required including the provision of statements or documents and will attend court to give evidence as required and meet with our lawyers in relation to any legal action arising in connection with your rental of the motorbike.
2.4 Regardless of the circumstances of the accident you will not admit liability to any other parties of the accident for any reason;
2.5 You must notify the police if required under the relevant road rules;
2.6 You must not leave the motorbike unattended before the arrival of a tow truck or salvage operator except if your health or safety would otherwise be endangered;
2.7 You must complete and return an Incident Report Form in which we will provide to you.
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LOSS DAMAGE WAIVER
Subject to this clause you are liable for:
- loss of and all damage to the motorbike and;
- all damage to the property of any person,
which is caused by you or any person that you allow to ride the motorbike, or is caused by use of the motorbike by You or any person that you allow to ride the motorbike.
- Subject to clause 3.2 we will waive your liability under clause this clause 3 for damage to, or loss of, the motorbike and will ensure that You and any Authorized Driver are entitled to be indemnified under Our Insurance Policy with the full payment of the Excess amount for each separate event involving:
- damage to, or loss of, the Motorbike; or
- Damage to the property of any third party which is caused by the use of the Motorbike by
Additional amounts payable
In addition to clause 3, You must always pay to Us the following costs and fees including the cost of repairing or recovering any:
- water damage to the motorbike;
- damage to the motorbike or to the property of any third party caused by a breach of this rental agreement;
- damage to a tire or an accessory not attributable to normal wear and tear;
- damage to the motorbike or to the property of any third party caused deliberately or recklessly by You, any other driver of the motorbike or any pillion carried during the Rental Period;
- recovery costs when damage to the motorbike is caused deliberately or recklessly by You, any other driver of the motorbike or any pillion carried during the Rental Period;
- the cost of replacing, if lost or stolen, an accessory; and
- if you have breached the Rental Agreement, a per day loss of revenue fee based on the estimated downtime of the
- The Bond paid prior to the start of the Rental Period forms part of the Excess amount; and
- Until a claim is settled by payment to Us, the Excess will be payable by You regardless.
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SERVICE
Scheduled servicing is included in the cost of the rental;
- Where you exceed 5000km for the rental period You will notify Us so that We can arrange for the service to be carried out in a reasonable time frame at an authorized service outlet at Our expense;.
- It is Your responsibility to get the motorbike to the pre-arranged service location; and there shall be no reduction in the Rental Charges while the motorbike is serviced
- Scheduled servicing is included in the cost of the rental;
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LATE RETURNS
- Where You fail to return the Motorbike by the end of the Rental Period without notification to Us, We may without affecting any other rights, notify the Police or any other authority and take such action or proceedings necessary for recovery of possession of the motorbike; and
- You agree to indemnify us for all costs incurred by us in connection with the recovery of the motorbike. We may enter any premises where we believe the motorbike may be In such cases the renter releases us from any liability or damage incurred in repossess or attempting to repossess the motorbike.
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ONLINE RENTAL FEES AND PAYMENT
- If you decide to rent a motorbike you will be required to register on line, provide a valid credit card, and pay Adventure Centre SARL, a rental reservation deposit fee. The balance of the reservation fee shall be 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 authorize Adventure Centre SARL automatically to charge your credit card account for any and all fees incurred by you or anyone using your login ID and password in renting bikes or other equipment, without the need to provide any further notice to you of the fees so incurred.
- We reserve the right to change our price list and fees and to institute new charges at any time. Your use of the Web Site following such changes constitutes your acceptance of any new or increased charges.
- You acknowledge that all payments for services offered by Adventure Centre SARL are managed by an online payment platform serviced by a third party payment provider. When you wish to reserve a motorbike or other equipment, you must enter your credit card information on the Web Site. Adventure Centre SARL then passes it along to the processor for payment. You agree that Adventure Centre SARL Shall not be liable in the event of error, fraud, identity theft, or other problems with credit card processing or online payment processing.
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DISCLAIMER OF WARRANTIES
We reserve the right to confiscate the motorbike at any time without notice upon your breach of the Rental Agreement, or that the motorbike is damaged in any way, or that continuing to use the motorbike would adversely affect the motorbike or its You hereby release Adventure Centre SARL its employees, agents, and other related parties from any 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 disputes between you and Adventure Centre SARL relating to any rental bikes or other equipment.
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LIMITATION OF LIABILITY
you expressly agree that neither adventure centre nor its directors nor any of their respective employees, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the rental of any bike from adventure centre by way of example, and without limiting the generality of the foregoing, adventure centre and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance or non performance, in operation of the bike.
in no event shall adventure centre’s liability relating to or arising out of 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 damage. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
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REFUNDS
Requests for refunds must be made in writing no later than 30 days after the rental reservation start date. All refunds are also subject to Adventure Centre’s cancellation policy. Although we understand that sometimes cancellations are unavoidable, we reserve the right to retain 30% of your hire total at our discretion.
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INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Adventure Centre and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
- GOVERNING LAW
These Terms of Use for the Rental Agreement are governed by the laws of the Kingdom of Morocco. User agrees to resolve any dispute exclusively in the jurisdiction of the Courts located in Morocco for the purpose of litigating all such disputes. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be severable from these Terms of Use and will not affect the validity of any remaining provisions. Adventure Centre failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
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ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Adventure Centre its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.