XCAPE 39 is the trade name used by ARIGO CANARIAS, S.L., with Tax ID B27561422, registered address at Calle La Tosca 39, Aldea Blanca, 38628, San Miguel de Abona, Santa Cruz de Tenerife, telephone +34 659 803 978, email address info@xcape39.es and website https://www.xcape39.es.

1. Purpose

These terms and conditions govern the temporary rental of motorcycles and accessories carried out by the company to private or professional customers. The booking, payment or collection of the vehicle implies full acceptance of these terms and conditions.

2. Driver requirements

The renter and any additional driver must be of legal age, hold a valid driving licence, in force and suitable for the rented vehicle, identify themselves with an official document and provide a valid credit card for the management of the deposit.

3. Vehicle delivery

The vehicle is delivered in proper working order and condition, with the fuel level, mileage, helmets, documentation and accessories indicated in the short-form contract or rental receipt. The customer must inspect the condition of the vehicle before starting the rental period and immediately report any observations.

4. Rental duration

The rental duration shall be the one indicated in the contract. Unless otherwise agreed, the minimum period shall be one day (24 hours) and the recommended standard maximum shall be 30 calendar days. Returns delayed by more than 30 minutes may result in the charge of one additional full day, without prejudice to any other damages or losses.

5. Prices and payment

The applicable prices shall be those published on the website, communicated by the company or stated in the short-form contract. The company may require full or partial advance payment to confirm the booking. Additional amounts for extras, fuel, cleaning, damage, penalties or administrative management shall be payable by the renter.

6. Deposit

Before delivery of the vehicle, the company may request a deposit by means of pre-authorisation, hold or charge on a credit card. The deposit covers damage, delays, outstanding fuel, fines, penalties, loss of keys or documentation, accessories, extraordinary cleaning and any amounts owed. The deposit does not limit the customer’s total liability.

7. Permitted and prohibited use

The vehicle must be used with due care and in accordance with traffic regulations. It is prohibited to drive under the influence of alcohol or drugs, transfer the vehicle to unauthorised third parties, use it in races or unlawful activities, drive outside authorised areas, in port or airport premises, or on tracks, beaches, paths or unpaved terrain.

8. Insurance

The vehicle has motor insurance intended for self-drive rental in accordance with the current policy. The coverages include, according to the individual certificate, compulsory civil liability, limited voluntary civil liability, legal defence and claims for damages, bodily accidents of the driver and extraordinary risks. The insurance does not exempt the renter from liability for own damage, falls, impacts, negligence, accessories, theft due to lack of custody, fines or items not covered by the policy.

9. Accidents, breakdowns and theft

In the event of an accident, breakdown, damage or theft, the renter must immediately notify the company, follow its instructions, collect details and photographs, and not carry out repairs, payments or acknowledgements of liability without prior authorisation, except in a justified emergency.

10. Fines and penalties

The renter shall be responsible for all infringements and administrative penalties arising from the use of the vehicle during the rental period. The company may identify the driver before the Administration and apply a management fee for each processed file.

11. Fuel, cleaning and accessories

The vehicle must be returned with the same fuel level with which it was delivered. Missing fuel may be charged together with a management fee. Excessive dirt, loss or damage to helmets, mobile phone holder, top case, keys, locks, documentation or other accessories shall be borne by the renter.

12. Cancellation and early return

Cancellations and returns shall be governed by the specific policy published on the website or included in the contract. Early return of the vehicle shall not entitle the customer to a refund unless expressly accepted by the company.

13. Data protection

Personal data shall be processed for the purpose of managing the booking, the contract, invoicing, the deposit, incidents, compliance with legal obligations and, where applicable, the handling of claims. The processing is carried out in accordance with current regulations.

14. Applicable law and jurisdiction

These terms and conditions are governed by Spanish law. Any dispute shall fall under the jurisdiction of the courts and tribunals that correspond in accordance with the applicable regulations, especially in matters relating to consumers and users.