GENERAL TERMS AND CONDITIONS OF RENTAL
MOTOR CLEB S.L.
NIF B88711809 | info@motorcleb.com
Avinguda de la Gran Via de l'Hospitalet, 14408907 L'Hospitalet de Llobregat, Barcelona
LEGAL INFORMATION AND OBJECT
These General Conditions regulate the driverless vehicle rental service —cars and motorcycles— offered by MOTOR CLEB S.L., a company of Spanish nationality, with NIF B88711809, registered and tax office at Avinguda de la Gran Via de l’Hospitalet, 144, 08907 L’Hospitalet de Llobregat, Barcelona, and operational headquarters in the car park of the Hyatt Regency Barcelona Tower.
Contact email: info@motorcleb.com.
The booking of any vehicle implies the full acceptance of these conditions by the client, hereinafter referred to as the Lessee.
DRIVER AND SECOND DRIVER REQUIREMENTS
Age and experience: a minimum age of 26 is required for cars, with at least 2 years of holding a driving license. For motorcycles, the applicable legal minimum age according to engine capacity and type of license is required.
The Lessee must present a valid DNI, NIE or passport, as well as a valid and current driving license for the reserved vehicle.
Second driver: driving is reserved for the holder of the contract. A second driver is permitted only if the corresponding supplement has been purchased and their original documentation has been previously presented.
Driving by an unauthorized person constitutes a serious breach of the contract and may exclude voluntary coverages. In such case, the Lessee will be liable for uncovered damages and for any amounts that the insurer, if applicable, may claim back from them.
RESERVATIONS, SECURITY DEPOSIT AND PAYMENTS
Security deposit: the deposit is mandatory and must be formalized by bank card prior to the delivery of the vehicle, either by payment, pre-authorization, blocking or any equivalent system accepted by Motor Cleb S.L.
Release of the deposit: once the vehicle has been returned and the corresponding inspection has been carried out, Motor Cleb S.L. will request the release of the deposit or pre-authorization as soon as possible and, in any case, within a maximum period of 7 business days from the return, provided that no immediate incidents are detected.
The time required for the amount to appear available again in the Lessee's account will depend on the bank or card issuer and may be longer than the time taken by Motor Cleb S.L. to order the release.
The above does not prevent Motor Cleb S.L. from subsequently claiming or charging amounts derived from the rental that become known at a later date, such as fines, tolls, damages not initially visible, third-party charges, towing, repair shops, municipal impounds or administrative settlements.
In case of damage, lack of fuel, delays, extraordinary cleaning, exceeded mileage or pending third-party charges, Motor Cleb S.L. may maintain the justified temporary retention until its final settlement.
Extensions: any extension of the rental requires written authorization from Motor Cleb S.L. and payment in advance. Driving with an expired contract constitutes a serious breach that authorizes the Lessor to recover the vehicle and to exercise the corresponding civil and criminal actions.
3 BIS. TOKENIZATION OF PAYMENT METHODS, AUTOMATIC COLLECTION AND ADDITIONAL CHARGES
In order to facilitate the booking process, guarantee vehicle availability, manage the security deposit and allow the collection of amounts derived from the rental contract, the Lessee expressly authorizes Motor Cleb S.L. to proceed, at the time of making a reservation, online check-in, in-person payment or POS pre-authorization, through the payment gateway, banking entity or authorized provider, with the secure tokenization of the bank card or other payment method provided.
Tokenization implies the technical and secure storage of payment data by an authorized provider, banking entity or certified payment gateway, without Motor Cleb S.L. having direct access to the full card details. Such tokenization allows linking the payment method to the booking and executing charges related to the contractual relationship derived from the rental.
The Lessee expressly authorizes Motor Cleb S.L. to use the provided and/or tokenized payment method to make, before, during or after the rental, the following charges:
a) Total or pending amount of the booking, including rental, extras, insurance, excess reductions, kilometer packs, accessories, deliveries, collections or other contracted services.
b) Security deposit, pre-authorization, hold or equivalent charge, according to the conditions of the booking.
c) Damage caused to the vehicle, accessories, keys, documentation, equipment or elements delivered with the vehicle, including costs of repair, replacement, expert appraisal, diagnosis, transport, management or loss of use.
d) Excesses, penalties or amounts not covered by the insurance, when applicable under the contract, the contracted plan or the applicable exclusions.
e) Fuel costs, refueling errors, recharging, extraordinary cleaning, additional mileage or late return.
f) Fines, penalties, tolls, parking fees, towing, municipal impounds, taxes, administrative expenses or any liability arising from the use of the vehicle during the rental period.
g) Penalties for breach of contract, misuse, driving by an unauthorized person, use outside permitted areas, access to racetracks, unauthorized off-road use, loss of keys, documentation or accessories.
h) Any other cost duly justified in accordance with these General Conditions, the rental contract, the delivery/return form or documentation issued by third parties.
Additional charges may be made once the incident has been verified, and the corresponding estimate, invoice, penalty, settlement or third-party charge has been received.
In some cases, especially fines, tolls, towing, impounds, administrative charges, repairs or insurance settlements, such amounts may be known or received after the return of the vehicle.
Motor Cleb S.L. will inform the Lessee of the reason for the charge and, when possible, will provide supporting documentation, invoice, estimate, penalty file, report, photograph, return form or equivalent documentation.
The lack of availability of funds, expiration, cancellation, blocking or rejection of the payment method does not exempt the Lessee from their payment obligation.
The Lessee declares to be the holder of or authorized to use the payment method provided, and undertakes to keep it operational and with sufficient funds until the complete settlement of all obligations derived from the rental.
DELIVERIES, RETURNS AND PROOF OF CONDITION
Initial delivery of the vehicle
The initial delivery or check-in will take place on the date and time confirmed in the booking and will generally require the presence of Motor Cleb S.L. staff, unless the company expressly communicates an alternative procedure to the Lessee.
During the delivery, the driver's identity and documentation will be verified, payments and the corresponding pre-authorization or deposit will be formalized, the operation of the vehicle will be explained, and the keys, documentation, accessories and contracted equipment will be delivered.
Condition and delivery form
The vehicle is delivered inspected, clean and in proper working order. Its general condition, mileage, fuel or battery level and possible observations will be documented by means of a form, photographs and/or video, signed or accepted by the parties.
This documentation will constitute the main reference to compare the condition of the vehicle at the time of return, without prejudice to any other valid evidence.
Agreed return time
When making the booking, the Lessee must select a return date and time. The possibility of returning the vehicle 24 hours a day does not imply the possibility of unilaterally extending the rental beyond the contracted date and time.
Any modification of the return schedule must be previously communicated to Motor Cleb S.L. and will be subject to confirmation. Early return will not generate the right to a refund for unused time.
Flexible 24-hour return
The vehicle may be returned any day and at any time. The usual hours for in-person service for deliveries and returns are from 09:00 to 12:00 and from 19:00 to 21:00. Motor Cleb S.L. will endeavor to be available during these slots, but the presence of staff will only be considered guaranteed when expressly confirmed to the Lessee.
When no Motor Cleb S.L. staff is present, the Lessee must carry out an unassisted return, strictly following these instructions:
a) Park the vehicle in the assigned Motor Cleb S.L. space, in the same space where it was picked up or in another indicated Motor Cleb space. If these spaces are not available, it may be parked in another free and permitted space within the same car park, and its exact location must be communicated.
b) Leave the vehicle correctly parked, turned off, locked and secured, turning off lights and devices and activating, when applicable, the steering lock, alarm, padlock or other security elements delivered.
c) Deliver the keys of the vehicle and the accessories or elements indicated by Motor Cleb S.L. to the 24-hour open reception of the Hyatt Regency Barcelona Tower, following the procedure communicated for the booking.
d) Immediately communicate the return by phone call or WhatsApp to the official number of Motor Cleb S.L., indicating the exact location of the vehicle and the space number, if any.
e) Send clear and current photographs of the already parked vehicle, including at least:
• the instrument panel with the mileage;
• the fuel or battery level;
• the front, the rear and both sides;
• the location and parking space;
• the returned accessories and equipment;
• any damage, incident or anomaly produced during the rental.
Motor Cleb S.L. may also request a general video of the vehicle or additional images when necessary to properly document the return.
Time of return
For the purposes of calculating the rental period, the unassisted return will be considered materially completed when all the following requirements are met: the vehicle has been parked and secured in an authorized location; the keys have been delivered to the indicated point; and the Lessee has communicated the return to Motor Cleb S.L. providing the required information and images.
The mere delivery of the keys at reception, without correctly parking the vehicle or without communicating its location, will not by itself complete the return procedure. Except in cases of impossibility not attributable to the Lessee duly communicated, failure to follow these instructions may give rise to justified additional charges, damages or costs.
Role of the hotel reception
The hotel reception acts exclusively as a point of collection and temporary custody of keys and expressly authorized accessories. The hotel staff does not inspect the vehicle, does not verify its condition, mileage, fuel, cleanliness or accessories and does not issue any statement of conformity on behalf of Motor Cleb S.L.
Subsequent inspection
In unassisted returns, Motor Cleb S.L. will inspect the vehicle as soon as reasonably possible, normally during the day following the return.
The inspection will include, among other aspects, the exterior and interior condition, the mileage, the fuel or battery level, the keys, the documentation, the accessories and the equipment delivered. Its result will be checked against the form and images of the delivery, the documentation sent by the Lessee and any other available evidence.
The absence of a joint and immediate inspection does not imply automatic acceptance of the vehicle's condition. Nor does it imply automatic liability of the Lessee for any incident detected subsequently: any charge must be related to the rental period and be duly justified.
Security deposit and closing of the rental
Once the inspection has been carried out and provided that no damage, missing items, fuel differences, exceeded mileage, extraordinary dirt, delays or other incidents are detected, Motor Cleb S.L. will request the release of the pre-authorization or deposit as soon as possible, in accordance with the provisions of section 3 of these General Conditions.
Fuel policy
The vehicle is delivered with a specific amount of fuel, normally 95 or 98 petrol depending on the model, or with a specific battery level in the case of electric vehicles. The level will be recorded on the delivery form.
The Lessee must return the vehicle with at least the same level of fuel recorded at delivery. If the level at return is lower, the cost of the missing fuel plus a refueling management fee of €20 will be charged.
No credits or refunds will be made if the vehicle is returned with more fuel than delivered.
Cleanliness
The vehicle must be returned in a reasonable state of cleanliness. Extraordinary dirt, including sand, stains on upholstery, heavy mud, strong odors, food remains, animal hair or dirt derived from abusive use, may lead to a management charge of €40 to €150, depending on the level of cleaning required.
Delays
A courtesy period of 30 minutes is granted over the agreed return time. Once this margin has been exceeded, €25 per hour or fraction thereof will be billed.
After a delay of 3 hours without notice or express authorization, Motor Cleb S.L. may bill a full additional day, in addition to the corresponding penalties and damages caused by the unavailability of the vehicle for subsequent bookings.
The return of the vehicle will not be considered completed until the vehicle, all keys, documentation, accessories and security elements have been effectively delivered in accordance with the procedure indicated by Motor Cleb S.L.
INSURANCE AND LIABILITY
The vehicle has third-party liability insurance and the additional coverages contracted for each vehicle.
The Lessee will be liable for damage caused to the vehicle up to the limit of the applicable excess according to the chosen plan, except in cases of exclusion, negligence, willful misconduct, breach of contract or unauthorized use.
The insurance does not cover, among other cases, loss of keys, fuel errors, damage to the underbody, tires, rims, interiors, uncovered accessories, theft with keys in the ignition, driving by an unauthorized person, use on racetracks, unauthorized off-road use, driving under the influence of alcohol or drugs, or any other case excluded by the policy or by these conditions.
In the event of an accident, the Lessee must notify Motor Cleb S.L. within a maximum period of 24 hours and correctly complete the amicable accident report when applicable.
The unjustified omission of the amicable accident report, the lack of communication, the provision of false or incomplete information, or the impossibility of properly processing the claim due to causes attributable to the Lessee may determine the loss of excess reductions and the assumption of the resulting damages.
5 BIS. EXCESS REDUCTION, PRE-AUTHORIZATION AND LIMITS OF LIABILITY
The contracting of an excess reduction, protection plan, commercial supplementary insurance, Plus, Premium protection or any equivalent modality offered by Motor Cleb S.L. aims to reduce, where applicable, the excess or maximum ordinary liability of the Lessee regarding covered damages, always within the limits and conditions expressly indicated in the booking, contract, website, booking platform or delivery document.
Motorcycles (excluding scooters/Vespa), for new bookings from 30 September 2026: Standard/BASIC contractual excess €1,200 and refundable card preauthorisation €800; Plus excess €750 and preauthorisation €500; Premium excess €500 and preauthorisation €300. Plus costs €25/day (1–3 days), €22/day (4–6 days), €19/day (7+ days). Premium costs €40/day (1–3 days), €35/day (4–6 days), €30/day (7+ days). This protection limits contractual liability for eligible accidental damage; it is not an additional insurance policy and does not extend the insurer’s coverage. Only the evidenced damage cost up to the agreed limit is payable for eligible damage, even where the vehicle policy does not cover own damage. The preauthorisation is a separate guarantee, not a charge or maximum liability. Misuse exclusions and charges unrelated to eligible damage continue to apply; lack of own-damage insurance alone does not invalidate this contractual protection. This specific motorcycle provision prevails over general references to policy-covered damage. Car and scooter conditions are unchanged. Existing confirmed bookings retain their accepted conditions. Membership bookings are governed by separate membership terms. For cars and scooters, the excess reduction applies only to damages covered by the policy and resulting from correct, diligent, authorized use of the vehicle in compliance with the contract.
The excess reduction does not cover damage caused by negligence, willful misconduct, gross negligence, misuse, reckless driving, driving outside permitted roads, driving under the influence of alcohol, drugs, medication or substances that reduce driving capacity, participation in races, competitions, speed tests, track days, circuits or similar events, unauthorized off-road use, driving by an unauthorized person, driving outside the authorized territory, failure to comply with the instructions of Motor Cleb S.L. or any other breach of contract.
Furthermore, unless expressly accepted in writing by Motor Cleb S.L. or specifically covered by the applicable policy, the excess reduction does not cover loss, theft, robbery, deterioration or damage of keys, remote controls, cards, documentation, equipment, accessories, helmets, intercoms, padlocks, cameras, supports, elements delivered with the vehicle, damage to tires, rims, underbody, clutch, brakes, interior, upholstery, soft top, windows, bodywork due to misuse, mechanical elements derived from misuse, refueling error, lack of fuel, battery discharged due to causes attributable to the Lessee, towing due to the client's fault, vehicle removal by authority, municipal impound, penalties, tolls, administrative charges, extraordinary cleaning, additional mileage, late return, loss of use of the vehicle, loss of profits, management costs, expert appraisal, diagnosis, transport, replacement, repair or any charge not covered by insurance or derived from a breach of these conditions.
The pre-authorization, security deposit or warranty hold does not necessarily constitute the maximum limit of the Lessee's liability. Its purpose is to provisionally guarantee compliance with the financial obligations derived from the rental.
The applicable limit will be the excess, maximum contracted liability, penalty, actual cost of the damage, pending charge or corresponding amount according to these General Conditions, the rental contract, the chosen protection plan, the applicable policy and/or the available supporting documentation.
Consequently, if the damages, charges, penalties, expenses or liabilities derived from the rental exceed the amount of the pre-authorization, security deposit or held deposit, the Lessee will remain obliged to pay the difference up to the corresponding limit in accordance with the contract and applicable regulations.
Likewise, if the contracted excess or maximum liability is higher than the pre-authorization effectively blocked, the Lessee acknowledges and accepts that the pre-authorization does not limit their contractual liability, authorizing Motor Cleb S.L. to claim and/or charge the pending amounts through the payment method provided or tokenized, in accordance with the provisions of these General Conditions.
The excess reduction does not transform the rental into a service without liability for the Lessee. The Lessee will remain liable for all damages, costs, penalties, expenses or amounts not covered by the contracted protection, the insurance policy or these General Conditions.
Motor Cleb S.L. may deny, limit or cancel an excess reduction when the claim, damage or incident results from a prohibited, negligent, fraudulent, unauthorized use, contrary to the law, contrary to the instructions received or contrary to the rental conditions.
The existence of mandatory insurance, comprehensive insurance, insurance with excess, excess reduction or any protection plan does not exempt the Lessee from complying with all obligations of use, custody, communication, collaboration, delivery of documentation, amicable accident report, police report, return of the vehicle and payment of uncovered amounts.
5 TER. LOSS, THEFT, ROBBERY, MISAPPROPRIATION AND NON-RETURN
The Lessee assumes the duty of custody of the vehicle, its keys, documentation, accessories and safety devices during the entire rental period and until its effective return to Motor Cleb S.L.
In case of theft, robbery, loss, disappearance, misappropriation, fraud, non-return or any other deprivation of the vehicle, the Lessee must immediately notify Motor Cleb S.L. and file a report with the law enforcement agencies without delay, delivering a complete copy of the report, all keys, documentation, anti-theft devices and any other information necessary for processing the claim.
The Lessee must follow the safety instructions provided by Motor Cleb S.L. and correctly use the steering lock, padlocks, chains, anti-theft devices or security systems delivered with the vehicle.
Failure to return the keys, providing false or incomplete information, the absence of a police report, unjustified delay in communicating the incident, abandonment of the vehicle, failure to comply with safety measures or any willful, negligent conduct or conduct contrary to the contract may exclude excess reductions and will make the Lessee liable for the damages caused.
When the loss or theft is not covered by the insurance policy due to causes attributable to the Lessee, due to breach of contract, negligence, willful misconduct, misappropriation, fraud, unauthorized driving or transfer, lack of custody or any applicable exclusion, the Lessee will be liable up to the market value or replacement cost of the vehicle immediately prior to the event, in addition to keys, documentation, accessories, recovery costs, transport, management and duly proven loss of use.
The security deposit or pre-authorization does not constitute the maximum limit of the Lessee's liability.
RULES OF USE, PROHIBITIONS AND GEOLOCATION
It is strictly prohibited to:
a) Drive under the influence of alcohol, drugs, medication or any substance that reduces driving capacity.
b) Allow unauthorized persons in the contract to drive the vehicle.
c) Use the vehicle in races, competitions, speed tests, track days, circuits or similar events.
d) Use the vehicle outside paved roads, paths, tracks, beaches, rural areas or off-road, unless authorized in writing by Motor Cleb S.L. for specific models.
e) Transport dangerous, illegal or unauthorized goods.
f) Sublease, transfer, sell, pledge or use the vehicle for purposes other than those agreed upon.
g) Drive outside the authorized territory without prior written consent from Motor Cleb S.L.
h) Tamper with, disconnect or alter safety systems, GPS, immobilizers, odometers, cameras, padlocks, alarms or any element of the vehicle.
Use on racetrack: access to racetracks or speed events is prohibited. Failure to comply will lead to contract termination and a minimum liquidated damages indemnity of €500, based on costs of technical inspection, review and premature wear, without prejudice to claiming additional proven damages.
Off-road use: use off-asphalt is prohibited, unless written authorization is granted for specific models.
During the entire rental period, the Lessee must diligently safeguard the vehicle and correctly use the steering lock and all anti-theft devices delivered. Abandonment of the vehicle, delivery of the keys to unauthorized third parties or failure to comply with safety measures will constitute a serious breach of contract.
GPS Geolocation: the vehicle may incorporate geolocation, safety, fraud prevention, misuse control and remote immobilization systems.
The processing of geolocation data will be carried out in accordance with the privacy policy and based on contract execution, the legitimate interest of Motor Cleb S.L. and the protection of its assets.
Motor Cleb S.L. may only activate remote immobilization when the vehicle is stopped and it is safe to do so, in the event of a serious breach, unauthorized use, non-payment, risk of misappropriation, police report, security alert or equivalent situation.
CANCELLATION AND WITHDRAWAL POLICY
Right of withdrawal: as this is a vehicle rental service for specific dates or periods, the 14-day right of withdrawal in accordance with Article 103 of the TRLGDCU does not apply.
Cancellation fees:
Cancellation more than 7 days prior to the start of the rental: refund of 100% of the amount paid.
Cancellation between 7 days and 48 hours prior to the start of the rental: penalty of 50% of the booking amount, or alternatively, at the discretion of Motor Cleb S.L., issuance of a voucher for 100% of the paid amount, valid for 6 months.
Cancellation less than 48 hours in advance, no-show of the client or impossibility of delivery attributable to the Lessee due to lack of documentation, invalid license, insufficient age, lack of payment, rejection of the deposit or failure to meet requirements: penalty of 100% of the booking amount.
Weather: bad weather does not justify free cancellation within the period under 7 days, unless a serious official weather alert is issued by AEMET, Civil Protection or competent body, in which case Motor Cleb S.L. may offer a date change subject to availability.
EXTRA MILEAGE
The rental includes 200 km per day for the entire duration of the booking.
Exceeded kilometers that have not been previously contracted through an additional pack will be billed at €0.30/km.
The Lessee may purchase additional kilometer packs at a reduced price before the start of the service, provided they are available for the reserved vehicle.
FINES, TOLLS AND ADMINISTRATIVE MANAGEMENT
The Lessee will be liable for all fines, penalties, tolls, parking fees, restricted access fees, towing, municipal impounds, taxes or administrative liabilities arising from the use of the vehicle during the rental period, even if they are notified or received by Motor Cleb S.L. after the return of the vehicle.
For each penalty file, administrative requirement or management task requiring the identification of the driver, documentary processing or communication with the competent administration, a fixed administrative charge of €25 will be applied, without prejudice to the amount of the penalty, tax, toll, surcharge or corresponding main cost.
The Lessee authorizes Motor Cleb S.L. to charge these amounts to the provided or tokenized payment method, prior communication of the concept and, when possible, provision of the corresponding support voucher.
DATA PROTECTION
The personal data of the Lessee will be processed by Motor Cleb S.L. for the management of the booking, formalization and execution of the contract, billing, customer service, incident management, compliance with legal obligations and protection of the company's assets.
Certain communications to Law Enforcement Agencies are made due to legal obligation, especially in accordance with Royal Decree 933/2021 or other applicable regulations.
The processing of geolocation data is based on the execution of the contract, the legitimate interest of Motor Cleb S.L. in protecting its vehicles and the prevention of fraud, misappropriation, unauthorized use or contractual breaches.
The Lessee may consult complete information on the processing of their data in the Privacy Policy published on the website of Motor Cleb S.L.
APPLICABLE LAW AND JURISDICTION
These conditions will be governed by Spanish law.
If the Lessee acts as a consumer, the courts of their residence or those that are legally mandatory will have jurisdiction, at their choice.
In all other cases, both parties expressly submit to the courts and tribunals of Barcelona, waiving any other jurisdiction that might correspond to them.