1. Landlord’s details

These terms and conditions govern motorcycle bookings and hire agreements made with:

Headline: José Antonio Martínez Rubio
Tax Identification Number: 45889175N
Trade name: Paddock Motorbike
Address: Av. Rafael Puig Lluvina, 32, Unit 29, 38650 Playa de las Américas, Santa Cruz de Tenerife, Spain
Telephone: +34 641 439 731
Email: info@paddockmotorbike.com

Hereinafter, the holder shall be referred to as the “Landlord”, and the person making the booking or signing the tenancy agreement will be referred to as the “Tenant”.

2. Purpose and acceptance of the terms and conditions

These terms and conditions govern the booking, collection, use and return of the motorbikes offered by Paddock Motorbike.

When making a booking, ticking the relevant box to indicate acceptance or signing the tenancy agreement, the Tenant declares that:

• You have read and understood these terms and conditions.
• He has provided accurate, complete and up-to-date information.
• You meet the necessary requirements to ride the motorbike you have booked.
• You agree to the specific terms and conditions displayed at the time of booking, including those relating to the vehicle model, dates, times, price, security deposit, cover taken out, excess, accessories and additional services.

The specific terms and conditions displayed during the booking process and set out in the confirmation or individual contract supplement these general terms and conditions.

3. Booking and confirmation

The booking shall be deemed confirmed once Paddock Motorbike has sent the customer the relevant confirmation by email or by another written means.

Depending on the settings in place at the time of booking, you will be able to:

• No advance payment is required; the amount is paid when you collect the motorbike; or
• To require advance payment of a specified percentage or amount.

The existence and amount of any advance payment will be shown before the booking is finalised. Any remaining balance must be paid, if applicable, no later than on the day of arrival.

We accept the payment methods shown at the time of booking, and at the property, the usual payment methods, including cash and cards.

Even if the rent or deposit is paid in cash, it will be compulsory to provide a a physical and valid credit card in the name of the lead driver to finalise the contract.

4. Rental price

The applicable price will be the one shown to the customer before the booking is confirmed and will include all legally applicable taxes, including IGIC.

Unless expressly stated otherwise, the rent includes:

• Unlimited mileage.
• Basic third-party liability insurance, subject to the limits and conditions set out in the policy.
• The accessories and items expressly specified in the booking or in the handover document.

Additional services, deliveries, collections, optional cover and other extras will be charged at the price shown before they are booked.

5. Cancellation by the customer

Cancellations must be notified in writing to Paddock Motorbike.

The following charges will be applied to the total price of the booking:

• Cancellation with 30 days or more in advance: free of charge.
• Cancellation between 29 and 15 days before from the start: 30 %.
• Cancellation between 14 and 8 days earlier Starting score: 50 %.
• Cancellation between 7 and 1 day before from the start: 80 %.
• Cancellation on the day itself, once the booked period has begun, or in the event of a no-show: 100 %.

Deadlines will be calculated using the local date and time in the Canary Islands.

Where an advance payment has been made, the relevant amount will be refunded after deducting the applicable cancellation fee.

Changes to the date or the motorbike are subject to availability and must be expressly accepted by Paddock Motorbike. If they cannot be accepted, the cancellation policy will apply and a new booking will need to be made.

As this is a car hire service arranged for a specific date or period, the general 14-day right of withdrawal applicable to other distance contracts does not apply, without prejudice to the cancellation policy set out above and the consumer’s statutory rights.

6. Cancellation by the Landlord

If Paddock Motorbike is unable to provide the motorbike booked due to a breakdown, an accident, unexpected unavailability or any other cause not attributable to the customer, it may offer:

• Another motorbike with similar or better specifications, at no extra cost; or
• A lower-spec motorbike, with the difference in price refunded; or
• Cancellation of the booking and a full refund of the amounts paid.

Nothing set out in this section shall limit the consumer’s statutory rights.

7. Driver requirements

The driver must:

• Present an original, valid and current identity card or passport.
• You must present your original driving licence, which must be valid and appropriate for the motorbike you are hiring.
• You must present your international driving licence together with your national driving licence where this is a legal requirement or where specified in the booking terms and conditions.
• Comply with the legal requirements regarding age, length of time the licence has been held and insurance applicable to the selected motorbike.
• Have sufficient knowledge, experience and ability to ride the designated motorbike safely.
• Present a physical, valid credit card in your name.
• Post the relevant security.

The requirements for each model will be shown on its page and during the booking process.

Failure to provide a valid licence, documentation, credit card, security deposit or any other mandatory requirement will prevent the hire from commencing. Where such failure is attributable to the customer, any sums paid will not be refunded.

8. Checking driving ability

Possession of a valid driving licence does not, in itself, guarantee that a person has the practical ability required to ride a particular motorbike safely.

Before handing over the motorbike, Paddock Motorbike may ask the rider to carry out a brief familiarisation session or test ride.

If, during handover or the initial check, objective signs of a lack of control or experience are observed — for example, dangerous acceleration, repeated stalling, frequent loss of balance, unfamiliarity with the controls or an obvious risk of a fall — the Lessor may refuse to hand over the motorbike or request its immediate return, even if the contract has already been signed.

In this case, provided that the customer has submitted their documentation correctly and met all other requirements, the booking will be cancelled and the 100 % of the amounts paid.

This decision shall be taken solely on grounds of safety for the driver, third parties and the vehicle, and shall not be discriminatory in nature.

9. Additional drivers

Only those persons identified and expressly authorised in the contract may ride the motorbike.

The addition of a second driver:

• There will be no additional cost.
• This must be requested at least 24 hours before the start of the hire period.
• This will be subject to the prior submission of all the necessary documentation.
• The second driver will be required to meet the same requirements as the main driver.
• It will enable you to register, where applicable, on SES.Hospedajes or with the relevant official systems.

Driving by an unauthorised person will constitute a serious breach and may render any contractual cover or limitation of liability null and void, to the extent permitted by law and the insurance policy.

10. Security deposit

The amount of the deposit will depend on the motorbike selected and will be shown on the model page, during the booking process or in your booking confirmation.

The security deposit may be provided by:

• A pre-authorisation or temporary hold on a credit card; or
• Payment of the relevant amount in cash.

Paying the deposit in cash does not exempt you from the obligation to present a physical, valid credit card in order to finalise the contract.

Pre-authorisation does not normally result in a charge, but rather a temporary hold on the amount. Paddock Motorbike will request that the hold be lifted once it has verified that:

• The motorbike and its accessories have been returned in the condition in which they were delivered, apart from normal wear and tear.
• There is no damage, no fuel shortages, no losses and no breaches.
• The motorbike has been used in accordance with the contract.
• There are no outstanding issues requiring verification.

The time it takes for the balance to become available again depends on the card issuer and not on Paddock Motorbike.

Where there is damage, loss, penalties, breaches or costs yet to be determined, the necessary amount may be withheld on reasonable grounds until the amount has been verified. The customer will be provided with information and, where applicable, supporting documentation.

The security deposit does not constitute a maximum limit on liability. If the damages or costs attributable to the Tenant exceed this amount, the difference may be claimed.

11. Delivery and inspection of the motorbike

The motorbike will be delivered in a satisfactory condition in terms of operation, safety and cleanliness, with the accessories specified in the delivery document.

Before setting off, both parties may inspect and document the following by means of photographs or video:

• Overall condition of the motorbike.
• Pre-existing damage or marks.
• Mileage.
• Fuel level.
• Accessories supplied.
• Condition of tyres and visible components.

The Tenant must report any damage or fault not listed on the handover document before leaving.

12. Duration, delays and early return

The rental period will be as stated in the booking confirmation and in the individual contract.

The motorbike must be returned at the agreed location, date and time. Any changes will require prior authorisation from Paddock Motorbike.

Delays of more than 30 minutes may result in a charge for an additional day’s hire, without this automatically implying an authorised extension of the contract.

Voluntary early return shall not entitle the customer to a refund for any unused days, hours or services.

Failure to return the vehicle on the agreed date, without authorisation, may be regarded as unauthorised retention of the vehicle and may result in appropriate legal action being taken.

13. Deliveries and returns outside normal opening hours

Deliveries or collections of the motorbike outside normal opening hours must be requested and confirmed in advance by Paddock Motorbike.

There will be a surcharge for collecting the motorbike outside normal opening hours of €15.

Returns outside normal opening hours will be free of charge, provided they have been agreed in advance and the instructions provided by Paddock Motorbike are followed.

If the motorbike is returned outside of opening hours, its condition, fuel level, keys and accessories will be checked on the next working day. The deposit will not be released or refunded until this check has been carried out.

The helpline is available 24 hours a day, but this does not mean that the office or the delivery service are open around the clock.

14. Fuel policy

The motorbike will be handed over with a full tank of petrol and must be returned with a full tank as well.

If the vehicle is returned with fuel remaining, the Hirer must pay:

• The cost of the fuel needed to fill the tank; and
• An additional refuelling charge of €15.

If, in exceptional circumstances, the motorbike is handed over with a different fuel level, this must be recorded and the motorbike must be returned with the same fuel level.

Refuelling with the wrong type of fuel shall be deemed negligent use. The Hirer shall be liable for the costs of draining the fuel, repairs, transport and any other damage directly caused.

15. Authorised use of the motorbike

The Tenant undertakes to:

• Drive carefully and obey the traffic rules.
• Wear a helmet and all other compulsory equipment.
• Follow the operating and safety instructions provided.
• Lock and secure the motorbike properly when it is parked.
• Keep the keys and accessories safe.
• Stop the vehicle and notify Paddock Motorbike if a fault, warning light or abnormal behaviour occurs.
• Do not carry out or commission any repairs without prior authorisation, unless action is essential to avert an immediate danger.

The following is prohibited:

• Driving whilst under the influence of alcohol, drugs, medication that is incompatible with driving, or any substance that impairs one’s abilities.
• Allowing unauthorised persons to drive.
• Using the motorbike in races, on circuits, in competitions, in speed trials or during training sessions.
• Driving off authorised routes, on unpaved roads or on roads in clearly unsuitable condition.
• Towing or pushing other vehicles.
• To sublet, transfer or use the motorbike for an unlawful activity.
• Carrying more passengers or cargo than permitted.
• Tampering with the odometer, GPS, electrical systems, safety devices or any other component of the motorbike.
• Carrying out modifications or fitting accessories without authorisation.

16. Territorial scope

Without prior authorisation, the motorbike may only be ridden on the island of Tenerife.

Any journey to another island in the Canary Islands must be notified in advance and confirmed in writing by Paddock Motorbike before the motorbike is loaded onto the ferry.

The motorbike must not leave the Canary Islands under any circumstances.

The customer shall bear the cost of transport tickets and any expenses arising from travel between islands. The terms and conditions or costs of assistance outside Tenerife must be confirmed before the trip.

Leaving Tenerife or the archipelago without authorisation shall constitute a serious breach of contract.

17. Basic insurance and liability for damage

The rental includes the basic third-party liability insurance required by law, subject to the terms, limits and exclusions of the policy.

This insurance does not automatically cover:

• Damage to the hired motorbike itself.
• The driver’s or passengers’ personal belongings.
• Damage caused by negligent or unauthorised use.
• Circumstances excluded under the policy or by applicable legislation.

In the absence of additional cover, the Hirer shall be liable for any damage, loss or harm caused to the motorbike where such damage, loss or harm is attributable to the Hirer, up to the reasonable and substantiated cost of repair or replacement.

Transport costs, expert assessment fees and the actual financial loss incurred during the reasonable period of immobilisation may also be claimed, provided they are attributable to the Tenant and are duly substantiated.

The customer will not be charged for pre-existing damage or wear and tear resulting from the normal and proper use of the motorbike.

18. Additional cover with an excess

For certain models, it is possible to take out contractual cover for own damage with an excess, at an additional cost.

The price, excess and applicable terms and conditions will depend on the motorbike and will be displayed before you hire it.

This cover should not be interpreted as “comprehensive insurance” and does not absolve the Tenant of all liability.

Unless otherwise specified in the specific terms and conditions, additional cover may be excluded in cases such as:

• Driving by an unauthorised person.
• Lack of a valid permit.
• Alcohol, drugs or reckless driving.
• Off-road use.
• Driving outside the authorised area.
• Serious breach of contract.
• Damage caused intentionally or as a result of gross negligence.
• Incorrect refuelling.
• Loss or misplacement of keys.
• Damage to tyres, punctures or wheel rims not resulting from a covered accident.
• Damage to or loss of accessories, equipment and items handed over.
• Tampering with the GPS, electrical systems or safety features.
• Failure to report an accident or refusal to cooperate with the investigation.

The excess shall not apply to items expressly excluded from cover.

19. Breakdowns

In the event of a breakdown, the Hirer must stop the motorbike in a safe place and contact Paddock Motorbike immediately on:

+34 641 439 731 — 24-hour telephone support for incidents

No repairs shall be carried out and no transport services shall be contracted without prior authorisation, unless this is essential to ensure people’s safety.

Where the fault is not attributable to the customer, Paddock Motorbike will arrange for assistance and, where possible, offer a reasonable solution subject to availability.

Where the breakdown is due to misuse, negligence, using the wrong fuel, loss of keys or breach of contract, the Hirer shall bear the reasonable costs of assistance, transport and repair.

20. Accidents

In the event of an accident, the Hirer must:

• Come to a stop in safety.
• Notify Paddock Motorbike immediately.
• Call 112 or the police if there are any injured people, third parties involved, significant damage, a dispute over the facts, or if you are legally obliged to do so.
• Fill in the accident report form.
• Obtain details of the vehicles, drivers, insurance companies and witnesses.
• Take photographs of the scene, vehicles and damage when it is safe to do so.
• Do not acknowledge liabilities or enter into financial agreements without authorisation.
• Work with Paddock Motorbike, the insurer and the authorities.

Any unjustified failure to communicate or cooperate may render the Tenant liable for any additional losses caused.

21. Fines, penalties and administrative costs

The Hirer shall be liable for any fines, tolls, penalties and consequences arising from offences committed whilst the motorbike was in their custody.

Paddock Motorbike may provide the authorities with the rider’s details and claim from the rider the necessary and duly justified sums and expenses arising from the offence.

The end of the tenancy does not remove this liability where notice is received at a later date.

22. Special cleaning

The rental price includes a standard clean following normal use.

Where the motorbike or equipment is returned in an exceptionally dirty condition requiring extra work — for example, heavy mud, accumulated sand, food residues, stains, strong odours or similar — an exceptional cleaning fee of €30.

If specialist professional cleaning, decontamination or repairs are required, the actual, duly substantiated cost may be claimed in lieu of the standard rate or, where applicable, the additional difference.

23. Loss of or damage to keys and accessories

The Tenant shall be liable for any loss, theft or damage caused by the improper use of the keys, equipment and accessories provided.

For reference, the maximum replacement amounts are:

• Jet-style helmet: €89.95 per unit.
• Full-face helmet: €199.05 per unit.
• Jet helmet visor: €22.68 per unit.
• Full-face helmet visor: €51.77 per unit.
• Gloves: €54.50 per pair.
• Jacket: €200 per unit.
• Trunk: €290.86.
• Mobile phone holder with an alarm system: €129.
• Pair of intercoms: €277.

The key will be valued according to the actual replacement and programming cost for the specific model, as this may vary depending on whether it is a conventional, coded or wireless key.

In the case of a mobile phone holder or any accessory connected to the electrical system, justified costs for inspection and repair may be added if damage occurs as a result of cables being pulled, tampering or improper use.

Bumpers, protective bars and other accessories not included in the list will be valued in accordance with the replacement cost of an equivalent product available from a company with premises or distribution networks in the Canary Islands.

A handling fee may be added to the replacement costs of €30 for each restocking process, in addition to the postage costs actually incurred.

Where the actual replacement cost is lower than the amount stated, the actual cost will apply. No charge will be made for normal wear and tear resulting from proper use.

24. GPS geolocation

Motorcycles may be fitted with GPS tracking devices.

The information may be used, in a proportionate manner, for:

• To protect and locate the vehicle in the event of theft, misappropriation, loss or failure to return it.
• Handle accidents, emergencies or requests for assistance.
• Check for significant breaches of territorial limits or prohibited uses.
• To protect the rights, property and safety of Paddock Motorbike, its customers and third parties.

The GPS must not be switched off, tampered with, covered or removed.

Geolocation data will be processed in accordance with the privacy policy and will be restricted to authorised staff or suppliers and to the authorities where there is a legal obligation or a legitimate request.

25. Personal belongings

Paddock Motorbike accepts no liability for personal belongings that are left behind, lost, stolen or damaged during the hire period, except where the Lessor is directly liable under the law.

The customer must check the motorbike, the top box and the equipment before completing the return.

26. Data protection and mandatory reporting

The personal data of the Lessee and authorised drivers will be processed for the following purposes:

• Manage the application, booking and contract.
• Check the driving requirements.
• Process payments, bonds, accidents, damage and claims.
• To comply with legal and insurance obligations.
• Make the required notifications to SES.Hospedajes, the Ministry of the Interior or other relevant authorities.
• To protect and recover motorbikes using the geolocation systems fitted.

Full details regarding data processing, recipients, data retention and the exercise of rights can be found in Paddock Motorbike’s privacy policy.

27. Communications

The customer agrees that communications relating to the booking, the contract, check-in, handover, any issues and the return of the property may be carried out via the email address or telephone number provided.

The customer should check that the details provided are correct and check their spam folder.

28. Language and machine translation

The original version of these terms and conditions was drafted in Spanish.

Versions available in other languages may have been generated or assisted by machine translation systems and may contain errors, omissions or differences in interpretation. We recommend consulting the Spanish version.

In the event of any discrepancy, the Spanish version shall prevail, without prejudice to any mandatory rights to which the consumer is entitled under applicable legislation.

29. Applicable law and dispute resolution

These terms and conditions are governed by Spanish law.

Any dispute shall be referred to the courts and tribunals having jurisdiction in accordance with the applicable legislation. Where the Tenant is a consumer, the rights and legal remedies recognised under consumer and user legislation shall be respected in all circumstances.

Paddock Motorbike has official complaint forms available for customers at the shop.

30. Partial invalidity and amendments

If any provision of these terms and conditions is declared null and void, invalid or unenforceable, this shall not affect the validity of the remaining provisions.

The applicable version shall be that which was published and accepted on the date of the booking. Subsequent amendments shall not apply retrospectively to contracts that have already been confirmed, unless they are favourable to the customer or are required by law.