Vespa Rental Agreement – General Terms of Vespa Tours Malaga
 

0. Parties and lessor details. Vespa Tours Malaga, Fabrice Merchiers, registered at Pulgarín Bajo, buzón 21, 29194 Alfarnatejo (Málaga, Spain), NIE/CIF: Y5829448C, email: info@vespatoursmalaga.com (hereinafter: the "lessor"). These terms apply to every rental agreement between the lessor and the renter and/or driver (hereinafter jointly: the "renter").
 

1. Identification, age and payment. The renter declares to have received, read, understood and accepted these terms prior to the rental period. The renter and/or driver is at least 21 years old, holds a valid driving licence issued at least 2 years ago, and identifies themselves in advance with a valid ID and driving licence, of which the lessor may make and keep a copy for up to 30 days after the vehicle is returned (see art. 19, GDPR). The full price of the chosen tour must be paid before the start, along with a deposit of €250.00 per rented Vespa, payable by bank transfer, card or cash.
 

2. Instruction and suitability of all riders. Before departure, usage and safety aspects are explained verbally. Every rider — not only the person who made the booking — declares to have sufficient experience and skill to safely operate the vehicle and to meet the requirements of art. 1 (age, valid driving licence). The lessor reserves the right to have each rider undergo a brief practical check before departure and to refuse participation to that rider, without any right to a refund, if the required basic skills are lacking or inexperience has been concealed. All riders must follow the lessor's instructions immediately and in full.
 

3. Traffic rules, alcohol and drugs. The renter must at all times comply with applicable law and traffic rules and use the rented vehicle responsibly. All repair costs resulting from damage are, without exception, charged to the renter. It is strictly forbidden to use alcohol, drugs, or medication affecting driving ability before or during use of the Vespa. The lessor may check for this (e.g. by breathalyser); refusal to cooperate or a confirmed violation entitles the lessor to terminate participation immediately, without refund and with full recovery of all resulting damage and costs.
 

4. Duty to inform and details of fellow riders. The lessor informs the renter, verbally and in writing, of the usage and safety rules. The person who makes the booking (the "booker") is responsible for providing, in a timely and accurate manner, the required details of all other riders included in their booking (name, date of birth, driving licence details, passport/NIE number, and contact details), and for passing these terms on to them before the tour starts. The booker remains liable, alongside the rider concerned, if details are missing or incorrect, or if a fellow rider has not been (timely) informed of these terms. This does not affect each individual rider's own responsibility to comply with the rules.
 

5. Careful use and repossession. The renter shall look after the Vespa as a prudent custodian. In the event of (suspected) misuse, the lessor is entitled to repossess the vehicle immediately, without the renter having any right to a refund for the unused portion of the rental.
 

6. Insurance. Each Vespa carries the third-party liability insurance mandatory in Spain (seguro obligatorio) for damage to third parties. This cover does not affect the renter's liability towards the lessor for the deductible and for damage not covered by the policy (including damage resulting from breach of these terms, use of alcohol/drugs, or intent/recklessness). The lessor will provide the policy details on request.
 

7. Parking. The renter must always engage the steering lock when storing or parking the Vespa. In the event of theft while the vehicle was not locked, the renter is fully liable, regardless of art. 10.
 

8. Amendment and cancellation. Cancellation up to 48 hours before the tour's start time is free of charge; the full amount paid will be refunded. In the event of cancellation less than 48 hours before the start time, 50% of the amount paid will be refunded; the remaining 50% remains due as compensation for reserved capacity. Changes to the number of participants should be reported by email as soon as possible. In the event of cancellation due to rain, storm, or other severe weather as determined by the lessor, the full amount will be refunded regardless of when the cancellation is made. If the lessor cancels or suspends the tour for a reason other than force majeure (art. 21) or the renter's conduct, the renter will receive, at their choice, a full refund of the amount paid or a new date.
 

9. Liability. Use of the Vespa is at the renter's own risk. The lessor is not liable for damage to the renter or their property, except for damage caused by intent or gross negligence of the lessor or its staff, and except for damage to third parties covered by the mandatory third-party insurance (art. 6). To the extent the lessor's liability for negligence is not excluded, it is limited to a maximum of the invoiced rental amount, unless mandatory law prescribes a higher liability.
 

10. Theft and damage. The renter is liable for damage resulting from theft or loss, and for all damage to the Vespa arising during the rental period, regardless of whether it is due to the fault of the renter or a third party, except for damage that was already present at the start and is documented in the photographs referred to in this article. In the event of damage, a damage report is completed and signed on site by the renter, the lessor, and any other party involved. The renter may take (or have taken) photographs of the Vespa's condition both before departure and upon return; the lessor will also take photographs. The lessor will assess the damage within 5 working days of return, where possible via an independent garage, and will share the assessment report with the renter. The €250.00 deposit will be offset against the assessed damage; any surplus will be refunded within 1 month of the assessment. If the damage exceeds the deposit, the renter will pay the difference within 1 month of the rental date. In the event of late payment, all additional costs (interest, collection costs, judicial and extrajudicial costs) are for the renter's account.
 

11. Traffic fines and assessment costs. Fines for traffic violations committed by the renter during the rental period will be passed on, increased by administrative costs of at least €45.00 (incl. VAT) per fine. The lessor will provide a copy of the underlying fine. Damage assessment costs amount to at least €120.00 (incl. VAT) per claim.
 

12. Prohibition on subletting and transfer. The renter may not lend the Vespa to third parties for use or allow them to operate it, not even temporarily, except to fellow riders who themselves meet the requirements of arts. 1 and 2 and are registered as riders. Violation results in immediate repossession (art. 5) and full liability of the renter for all resulting damage.
 

13. Authorisation to collect subsequent costs. For costs arising during or after the rental period (including damage, fines and assessment costs), the renter authorises the lessor, by signing this agreement, to collect the amount due via the payment method provided at booking, or via a separate SEPA direct debit mandate with IBAN.
 

14. Return of the deposit. The deposit will be refunded after the rental period if the Vespa is returned undamaged and in the same condition as at the start, less any damage assessed under art. 10. The lessor may offset the deposit against damage, without prejudice to its right to additional compensation if the damage exceeds the deposit. Where a single booking includes multiple renters or Vespas, the combined deposits may be used, if necessary, to cover damage to any of the Vespas rented under that booking.
 

15. Helmet and safety rules. The renter and all participants must wear a helmet provided by the lessor throughout the ride and must at all times follow the guide's instructions and speed directions.
 

16. Following the guide. The renter must maintain a sufficient safety distance from the guide. Racing is prohibited. If a renter fails to follow instructions or traffic rules, or rides dangerously in the guide's judgment, the renter will be immediately removed from the tour, without refund. Costs for any additional transport of the person and for returning the Vespa to the starting point are for the renter's account.
 

17. Smoking. Smoking while riding is prohibited. During stops, not smoking is recommended to prevent wildfires, except at locations equipped for it. A participant who violates this rule is personally liable for all resulting consequences and costs, including any fines and fire damage.
 

18. Photo and video material. The lessor may take photographs and videos during the tour. Separately from participation in the tour, the renter may give voluntary consent, revocable at any time, for the use of footage in which they are recognisable for promotional purposes (website, social media). Without such consent, the lessor will not use recognisable footage of the renter for promotional purposes, without prejudice to its use for internal, insurance, or evidentiary purposes.
 

19. Data protection (GDPR). The lessor processes the personal data provided at booking and identification (name, date of birth, email, passport/NIE number, driving licence details, licence plate) solely for performance of the rental agreement, compliance with legal obligations (e.g. insurance, claims handling) and, if separately consented to, promotional purposes. Data will not be kept longer than necessary and will not be shared with third parties other than the insurer, authorities, or service providers supporting performance of the agreement. The renter has the right to access, rectify, erase and object; requests can be sent to info@vespatoursmalaga.com.
 

20. No right of withdrawal. The rental agreement concerns a leisure service provided on a specific date. In accordance with Article 16(l) of Directive 2011/83/EU (as implemented under Spanish law), the right of withdrawal for distance contracts does not apply.
 

21. Force majeure. In the event of force majeure (including extreme weather, natural disasters, government measures, or strikes), the lessor may suspend, amend, or cancel the tour. In that case, the renter will receive, at the lessor's choice, a new date or a refund of the amount paid; the lessor is not liable for any further compensation.
 

22. Governing law and jurisdiction. This agreement is governed by Spanish law. Disputes will be submitted to the competent courts of Málaga, without prejudice to mandatory consumer-protection provisions that may entitle the renter, as a consumer, to bring proceedings before the court of their own place of residence.
 

23. Severability and entire agreement. If any provision of these terms is held void or unenforceable, the remaining provisions will remain fully in force, and the void provision will be replaced by a provision that most closely reflects the parties' intent. These terms constitute the entire agreement between the parties regarding their subject matter.
 

24. Acceptance. The undersigned declares to have read and understood the above rules, agrees to comply with them at all times during the Vespa Tours Malaga tour, and accepts responsibility for compliance, subject to the limitation of liability in art. 9.