GENERAL RENTAL TERMS AND CONDITIONS
MOTOR CLEB S.L.
NIF B88711809 | info@motorcleb.com
Avinguda de la Gran Via de l'Hospitalet, 14408907 L'Hospitalet de Llobregat, Barcelona
1. 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 fiscal office at Avinguda de la Gran Via de l’Hospitalet, 144, 08907 L’Hospitalet de Llobregat, Barcelona, and operational headquarters in the parking lot of the Hyatt Regency Barcelona Tower.
Contact email: info@motorcleb.com.
The reservation of any vehicle implies the full acceptance of these conditions by the client, hereinafter, the Lessee.
2. DRIVER AND SECOND DRIVER REQUIREMENTS
Age and experience: a minimum age of 25 years is required for cars, with at least 2 years of driving license validity. For motorcycles, the applicable legal minimum age according to engine displacement and type of license is required.
The Lessee must present a valid ID card, 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 contracted 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 the amounts that the insurer, if applicable, may claim back from them.
3. RESERVATIONS, DEPOSIT AND PAYMENTS
Deposit or guarantee: the deposit is mandatory and must be formalized by bank card prior to the delivery of the vehicle, either by payment, pre-authorization, block or any equivalent system accepted by Motor Cleb S.L.
Release of the deposit: once the vehicle is 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 as available again in the Lessee's account will depend on the banking entity or card issuer and may be longer than the time taken by Motor Cleb S.L. to order the release.
The foregoing does not prevent Motor Cleb S.L. from subsequently claiming or charging amounts derived from the rental that are known at a later date, such as fines, tolls, damages not initially visible, third-party charges, tow trucks, workshops, municipal deposits or administrative liquidations.
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 liquidation.
Extensions: any extension of the rental requires written authorization from Motor Cleb S.L. and advance payment. Driving with an expired contract constitutes a serious breach that entitles 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 the availability of the vehicle, manage the deposit and allow the collection of amounts derived from the rental contract, the Lessee expressly authorizes Motor Cleb S.L. to, at the time of making a reservation, online check-in, in-person payment or POS pre-authorization, have the payment gateway, banking entity or authorized provider proceed with the secure tokenization of the bank card or other payment method provided.
Tokenization involves 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 complete card details. Said tokenization allows the payment method to be associated with the reservation and to execute charges linked 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 reservation, including rental, extras, insurance, excess reductions, mileage packs, accessories, deliveries, pick-ups or other contracted services.
b) Deposit, pre-authorization, block or equivalent charge, according to the conditions of the reservation.
c) Damage caused to the vehicle, accessories, keys, documentation, equipment or items delivered with the vehicle, including costs of repair, replacement, expert assessment, diagnosis, transport, management or loss of use.
d) Excesses, penalties or amounts not covered by insurance, when they correspond in accordance with the contract, the contracted plan or the applicable exclusions.
e) Fuel costs, refueling errors, recharging, extraordinary cleaning, additional mileage or late return.
f) Fines, sanctions, tolls, parking charges, tow trucks, municipal deposits, fees, administrative expenses or any liability derived from the use of the vehicle during the rental period.
g) Penalties for breach of contract, improper use, driving by an unauthorized person, use outside permitted areas, access to circuits, 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 report or documentation issued by third parties.
Additional charges may be made once the incident has been verified, and the budget, invoice, sanction, liquidation or corresponding third-party charge has been received.
In some cases, especially fines, tolls, tow trucks, deposits, administrative charges, repairs or insurance liquidations, said 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, whenever possible, will provide a receipt, invoice, budget, sanction file, report, photograph, return report or equivalent documentation.
The lack of available funds, expiration, cancellation, blocking or rejection of the payment method does not exempt the Lessee from their obligation to pay.
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.
4. 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 reservation 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 checked, the 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 report
The vehicle is delivered checked, clean and in correct working order. Its general condition, mileage, fuel or battery level and possible observations will be documented by means of a report, photographs and/or video, signed or accepted by the parties.
Said documentation will constitute the main reference to compare the condition of the vehicle at the time of return, without prejudice to any other valid proof.
Agreed return time
When making the reservation, 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 to the return schedule must be communicated in advance 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 return 24 hours a day
The vehicle may be returned any day at any time. The usual in-person service hours for deliveries and returns are from 09:00 to 12:00 and from 19:00 to 21:00. Motor Cleb S.L. will try to be available during these times, but the presence of staff will only be considered guaranteed when it has been expressly confirmed to the Lessee.
When no Motor Cleb S.L. staff is present, the Lessee must perform 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, you may park it in another free and permitted space within the same parking lot, and must communicate its exact location.
b) Leave the vehicle correctly parked, turned off, locked and secured, turning off lights and devices and activating, when appropriate, 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. at the 24-hour open reception of the Hyatt Regency Barcelona Tower, following the procedure communicated for the reservation.
d) Immediately communicate the return by 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, back 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.
Moment of return
For the purposes of calculating the rental period, the unassisted return will be considered materially completed when the following requirements are jointly met: the vehicle has been parked and secured in an authorized place; the keys have been delivered at 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 to reception, without correctly parking the vehicle or without communicating its location, will not by itself complete the return procedure. Unless there is an impossibility not attributable to the Lessee that is duly communicated, failure to comply with these instructions may give rise to justified additional charges, damages or costs.
Hotel reception function
The hotel reception acts exclusively as a point of reception 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 declaration of conformity on behalf of Motor Cleb S.L.
Subsequent inspection
For unassisted returns, Motor Cleb S.L. will inspect the vehicle as soon as reasonably possible, usually 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 delivered equipment. Its result will be compared with the report 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. Neither 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.
Deposit and rental closure
Once the inspection is carried out and provided that no damages, 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 certain amount of fuel, usually 95 or 98 petrol depending on the model, or with a certain level of battery in the case of electric vehicles. The level will be recorded in the delivery report.
The Lessee must return the vehicle with at least the same fuel level 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 waste, animal hair or dirt derived from abusive use, may lead to a management fee of €40 to €150, depending on the level of cleaning required.
Delays
A courtesy period of 30 minutes over the agreed return time is granted. Once this margin is exceeded, €25 per hour or fraction thereof will be billed.
After 3 hours of delay 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 reservations.
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.
5. INSURANCE AND LIABILITY
The vehicle has mandatory insurance and the additional coverages contracted for each vehicle.
The Lessee will be liable for damages 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 left in, driving by an unauthorized person, use on a circuit, 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 where appropriate.
The unjustified omission of the amicable report, the lack of communication, the provision of false or incomplete information, or the impossibility of correctly processing the claim due to a cause attributable to the Lessee may result in the loss of excess reductions and the assumption of the derived damages.
5 BIS. EXCESS REDUCTION, PRE-AUTHORIZATION AND LIABILITY LIMITS
The contracting of an excess reduction, protection plan, commercial complementary insurance, Plus protection, Premium or any equivalent modality offered by Motor Cleb S.L. aims to reduce, if applicable, the excess or maximum ordinary liability of the Lessee regarding covered damages, always within the limits and conditions expressly indicated in the reservation, contract, website, booking platform or delivery document.
The excess reduction applies only to damages covered by the policy and derived from a correct, diligent, authorized use of the vehicle in accordance with the contract.
The excess reduction does not cover damages caused by negligence, willful misconduct, gross negligence, improper use, reckless driving, driving off permitted roads, driving under the influence of alcohol, drugs, medications or substances that reduce driving capacity, participation in races, competitions, sports 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.
Likewise, unless expressly accepted in writing by Motor Cleb S.L. or specific coverage of 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, items delivered with the vehicle, damage to tires, rims, underbody, clutch, brakes, interior, upholstery, soft top, windows, bodywork due to misuse, mechanical elements derived from improper use, refueling error, lack of fuel, battery discharged due to a cause attributable to the Lessee, tow truck due to client's fault, removal of the vehicle by authority, municipal deposit, sanctions, tolls, administrative charges, extraordinary cleaning, additional mileage, late return, loss of use of the vehicle, loss of profits, management costs, expert assessment, diagnosis, transport, replacement, repair or any charge not covered by insurance or derived from a breach of these conditions.
The pre-authorization, deposit, guarantee block does not necessarily constitute the maximum limit of the Lessee's liability. Its purpose is to provisionally guarantee the fulfillment of the financial obligations derived from the rental.
The applicable limit will be the excess, contracted maximum liability, penalty, actual cost of the damage, pending charge or amount that corresponds 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 retained pre-authorization, deposit, the Lessee will remain obligated to pay the difference up to the limit that corresponds in accordance with the contract and the applicable regulations.
In the same way, if the excess or contracted 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 provided or tokenized payment method, 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, sanctions, expenses, penalties or amounts not covered by the contracted protection, by the insurance policy or by these General Conditions.
Motor Cleb S.L. may deny, limit or invalidate an excess reduction when the claim, damage or incident derives from a prohibited, negligent, fraudulent, unauthorized use, contrary to the law, contrary to the received instructions 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 report, report to police, 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 security 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 communicate it to Motor Cleb S.L. and file a report before the Security Forces and Bodies 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 security 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, the delivery of false or incomplete information, the absence of a report to police, unjustified delay in communicating the incident, abandonment of the vehicle, non-compliance with security 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 and losses caused.
When the loss or theft is not covered by the insurance policy due to a cause 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 expenses, transport, management and loss of use duly accredited.
The deposit or pre-authorization does not constitute the maximum limit of the Lessee's liability.
6. RULES OF USE, PROHIBITIONS AND GEOLOCATION
It is strictly prohibited to:
a) Drive under the influence of alcohol, drugs, medications or any substance that reduces driving capacity.
b) Allow the driving of the vehicle by persons not authorized in the contract.
c) Use the vehicle in races, competitions, speed tests, track days, circuits or similar events.
d) Use the vehicle off paved roads, paths, tracks, beaches, rural areas or off-road use, unless written authorization from 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) Manipulate, disconnect or alter security systems, GPS, immobilizers, odometers, cameras, padlocks, alarms or any element of the vehicle.
Use on circuit: access to circuits or speed events is prohibited. Non-compliance will entail contractual termination and minimum compensation for liquidated damages of €500, based on technical inspection, check and premature wear costs, without prejudice to claiming additional accredited damages.
Off-road use: use off-asphalt is prohibited, unless written authorization for specific models.
During the entire rental period, the Lessee must diligently guard the vehicle and correctly use the steering lock and all delivered anti-theft devices. The abandonment of the vehicle, the delivery of the keys to unauthorized third parties or the non-compliance with security measures will constitute a serious breach of the contract.
GPS geolocation: the vehicle may incorporate systems for geolocation, security, fraud prevention, control of improper use and remote immobilization.
The processing of geolocation will be carried out in accordance with the privacy policy and based on the execution of the contract, 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, report, security alert or equivalent situation.
7. CANCELLATION AND WITHDRAWAL POLICY
Right of withdrawal: as it 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 in advance regarding the start of the rental: refund of 100% of the amount paid.
Cancellation between 7 days and 48 hours before 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 amount paid, 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 non-compliance with requirements: penalty of 100% of the booking amount.
Weather: bad weather does not justify free cancellation within the margin of less than 7 days, unless there is a serious official weather alert issued by AEMET, Civil Protection or competent body, in which case Motor Cleb S.L. may offer a change of dates subject to availability.
8. EXTRA MILEAGE
The rental includes 200 km per day during the first 3 days.
From the 4th day, 143 km will be added for each additional day to the accumulated total of the reservation.
Exceeded kilometers that have not been previously contracted through an additional pack will be billed at €0.30/km.
The Lessee may contract additional packs of kilometers at a reduced price before the start of the service, provided they are available for the reserved vehicle.
9. FINES, TOLLS AND ADMINISTRATIVE MANAGEMENT
The Lessee will be liable for all fines, sanctions, tolls, parking charges, restricted access, tow trucks, municipal deposits, fees or administrative liabilities derived 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 sanction file, administrative request or management that requires driver identification, document processing or communication with the competent administration, a fixed administrative charge of €25 will be applied, without prejudice to the amount of the sanction, fee, toll, surcharge or corresponding main cost.
The Lessee authorizes Motor Cleb S.L. to charge said amounts through the provided or tokenized payment method, prior communication of the concept and, whenever possible, provision of the corresponding receipt.
10. DATA PROTECTION
The personal data of the Lessee will be processed by Motor Cleb S.L. for the management of the reservation, formalization and execution of the contract, invoicing, customer service, management of incidents, compliance with legal obligations and protection of the company's assets.
Certain communications to the Security Forces and Bodies are made by 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 web of Motor Cleb S.L.
11. APPLICABLE LAW AND JURISDICTION
These conditions will be governed by Spanish legislation.
If the Lessee acts as a consumer, the courts of their domicile or those that are legally mandatory will be competent, at their choice.
In other cases, both parties expressly submit to the courts and tribunals of Barcelona, waiving any other jurisdiction that might correspond to them.