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Sociedad MotoAventura Ltda. Rut: 77.463.360-K Torres del Paine 1933 Osorno Tel. 00 56 – 64 249121/23 Casilla 1336 – Osorno
LEASE CONTRACT
A lease contract is made herein between Sociedad MotoAventura Ltda as the first party, as Lessor, and the second part as the person who signs the obverse of this contract, as Lessee. FIRST: Sociedad MotoAventura Ltda., hereinafter known at the Lessor, through this contract instrument, grants to the person who agrees to this contract, hereinafter known as the Lessee, who accepts for the motorcycle whose identification and other specifications are given in the corresponding contract. The Lessee hereby declares to having received the motorcycle referred to in this contract, in perfect mechanical and operational condition, with its equipment and set of accessories, and with the corresponding license plate, government operation permit document, mandatory insurance document, and technical inspection document, all current. Accordingly the Lessee declares to have verified the correct operation of the motorcycle controls, lights, turn signal indicators, brake lights, and other accessories and safety mechanisms prescribed by Chilean government traffic regulations. SECOND: The lease for the herein described motorcycle will be exclusively for the period of time that is described in this contract, expiring on the day and hour that it is expressed herein, unless a separate request is made extend the days of lease on the part of the Lessee, which will permit this contract to be concluded at the time the herein described motorcycle is returned to the Lessor. The Lessee shall under all conditions be required to return the described motorcycle to the Lessor’s location, in the same mechanical and operational conditions as existed at the beginning of this lease, together with the accessories and equipment herein indicated, unless otherwise expressly and previously agreed to between Lessor and Lessee. In any event, if the Lessor fails to return the herein described motorcycle according to the time and conditions previously described, without regard to circumstances or situation, the Lessor will be prohibited further use of the motorcycle, at which time will terminate the responsibility of the Lessor for effects and eventualities which may occur following the period of lease, without affecting the responsibility of the Lessor for any delays, and without affecting the right of the Lessor to sue for inappropriate use or appropriation of the motorcycle, or the exercise of other legal action by the Lessor. THIRD: In any event, if the Lessee should wish to extend the term of the lease, the Lessee shall make such notice in writing to the Lessor prior to the expiration of this lease period, which will permit the Lessor to authorize the extension in writing. In the event that the Lessee does not obtain the requisite written authorization for extension of the lease period, the aforementioned prohibition for further use by the Lessee will go into effect, as will the right and ability of the Lessor to sue for inappropriate use of the motorcycle. Upon formalizing and signing of this contract, this provision for extension of the period of lease will be considered an integral element of the contract. FOURTH: The final price of the lease use will be determined once the Lessee has returned the motorcycle to the Lessor, and it will be calculated as follows: 1. The daily rate for the period of lease. 2. The rate per kilometer, unless the original lease or written amendment specifies a “unlimited kilometers” or special rates according to written lease agreement. 3. Charges for insurance, return of the motorcycle to a place other than the place where it was delivered to the Lessee. 4. Taxes that correspond to the legal requirements. 5. The value of the fuel used 6. All previously agreed-to charges, or costs incurred by the Lessor for undue, inappropriate, or wrongful use of the leased motorcycle. The precise value of each specific rate is determined on the basis of calculation tables prepared by the Lessor, applied according to those in effect at the time of the lease contract, which however shall not prevent the application of special cases or consideration determined solely by the Lessor. Discounts granted to certain clients are solely applicable to the regular rates of rental and per-kilometer usage, to rates with per-kilometer usage included in the per-day price, or to rates with unlimited kilometers in accordance with agreements in each particular lease agreement. FIFTH: If the Lessee should for any reason delay the return of the leased motorcycle beyond the time originally established, or according to a granted extension of time according to the terms in the Third clause above, even where such return may be for reasons beyond the control of the Lessee, the Lessee shall pay the agreed-to rate for the period of time until the motorcycle is returned to the Lessor. All rights to use of the motorcycle by the Lessee cease absolutely on the day and hour shown in the ending period in the contract, and all time beyond that will be understand to be use of the motorcycle outside of the expressed or tacit authorization of the Lessor, and against its expressed will. SIXTH: The motorcycle described in this contract must be operated solely and exclusively by the Lessee or by riders authorized by the Lessor, with those so authorized being noted by name and personal information in the corresponding sections of this contract. In no case may such operators (riders) be less than 24 years of age. Any operation or use of the motorcycle by persons less than 24 years of age is expressly forbidden. In the event that this proscribed use or operation were to occur, the Lessee shall be responsible for all resulting costs, including but not limited to expenses to the Lessor, for damages to the motorcycle, and for damages to any third party. The Lessee may not sublet or sublease the motorcycle in this contract, or allow the possession of the motorcycle by persons not expressly permitted and authorized in this contract. The Lessee declares under oath that the information provided in this contract is correct and true, including representations of Lessee identity, age, profession, civil status (married/single, etc), residence address, physical and psychological capacity to operate the motorcycle, driver/rider operation license including motorcycle operation supplement, or any other personal information provided. In the event of any false or misleading personal information provided in this contract, the Lessee will be solely responsible for all associated legal costs from events related to such information. The Lessee declares under oath that the information herein is true, including representations regarding Lessee identity, age, profession, civil state, home address, physical and mental capacity to effectively operate a motorcycle, possession of legal and current license to operate motorcycles, or any other provided background information, and in addition to being true are for the same Lessee as the sole and exclusive responsible party for the legal consequences of any discovery of falsity in these representations. SEVENTH: The Lessee is under express obligation to observe and comply with all traffic regulations, laws and ordinances, as well as any special commands or instructions from government authorities or their agents. The Lessee must operate the motorcycle at all times with all documents and licenses required by legal authorities in the possession of the person operating the motorcycle. It will be the exclusive responsibility of the Lessee to resolve and pay for all costs resulting from traffic fines, tickets, infractions, and similar violations committed by the Lessee or other motorcycle operator authorized under the terms of the EIGHTH clause of this contract. Inasmuch as the Lessor is not materially or physically able to control the Lessee’s operation and use of the motorcycle, and in observance of the requirements and representations made previously in this contract, the Lessor holds that any failure to comply with these requirements or to provide truthful personal information regarding the Lessee, will be considered to exempt the Lessor of any responsibility inasmuch as such actions are considered beyond the authorization granted to the Lessee in this contract. EIGHTTH: If for any reason the Lessee is unable to operate the motorcycle described in this contract, the Lessee will notify the Lessor so that the Lessor can dispatch a person to transport the motorcycle to the place where it is required to be returned. Similarly, in the case of any accident or damage caused to the motorcycle or related appurtenances, the Lessee will personally make notifications as follows: 1. To the Carabineros de Chile [Chilean National Police], making a report in writing not more than one hour after an event involving an accident or damage, and should request a vehicle operator alcohol level test at the nearest office providing the service. 2. To the Lessor, providing in writing a description of the accident. At the same time, the Lessee should follow the instructions of the Lessor with respect to the transport of the vehicle, with associated costs accruing to the Lessee. NINETH The Lessor is required to use the motorcycle in accordance with it intended use. For example, it is expressly forbidden: a) allow its use by any unauthorized person, however briefly, b) allow its use as a public service vehicle such as transporting persons for hire, c) use in transport of dangerous cargo or cargo that would result in the motorcycle weighing more than the gross vehicle weight rating, d) allow use of the motorcycle in dangerous, illicit, or unlawful events such as bets, challenges, races, or similar events, e) operate the motorcycle while the user is under the influence of alcohol, drugs, or similar performance-altering substances, f) operate the motorcycle without carrying documents or licences required by proper legal authorities. TENTH: It will be the Lessee's responsibility to pay for any damages resulting from accidents that may occur to the motorcycle up until the time of return of the motorcycle to the Lessor, according to the terms of this contract, up to an amount equivalent to the full commercial value of the motorcycle. The Lessee will is solely responsible for the following: all damage caused to the motorcycle and its accessories by the Lessee or a third-party, including any such damage as may occur following expiration of the term of the contract or the authorized extension but prior to proper return of the motorcycle to the Lessor; damages caused to or under the control of the Lessee or of persons in or on the leased motorcycle. This includes damages to property belonging to third parties that may be transported on the leased motorcycle. The Lessee assumes full extracontractual responsibility for damages that the motorcycle may suffer resulting from any infraction or violation of traffic laws, with particular and nonexclusive mention of the following: failure to observe traffic signals and signs, including instructions of a police officer (Carabinero) or failure to observe warning signs and similar indications; driving at excessive speed or against the proper flow of traffic; to overtake another vehicle while on any curve, bridge, tunnel, railroad crossing, underpass, or while approaching to the crest of a hill or similar incline; or failure of the Lessee or other motorcycle operator to stop following involvement in an accident, for the purpose of determination of responsibility as required by law ELEVENTH: The Lessee assumes responsibility for bodily injury resulting from accidents including those covered by the Lessor’s insurance policy, or specifically included under contract, which will be permanently at the determination of the interested parties to verify the costs and conditions while at the premises of the Lessor. Damages, whether bodily injury or property damage, remain the sole responsibility of the Lessee. TWELVETH: The Lessee authorizes payment to the Lessor the amount deposited in accordance with this contract, for the purpose of paying the costs of the lease, including any greater cost related to delays in return of the motorcycle to the stipulated location. THIRTEENTH The parties to this contract declare having read completely and having understood this contract, being in aware of its obligations, contract and accept these conditions without reservation. FOURTEENTH: For all effects deriving from this contract which may derive from it or in the course of use of the leased motorcycle, the parties to this contract establish residency in the city of Osorno and accept its legal jurisdiction, thereby renouncing any other legal right or priviledge.
Motoaventura recommends that customers take out adequate travel, health and accident insurance as well as trip cancellation insurance. Motoaventura requires customers to purchase medical evacuation insurance. Acceptance of Trip Terms and Conditions I understand that I will be required to sign a release and waiver form before I can participate in a Motoaventura activity. I have read and accept the Terms and Conditions of Motoaventura. I’m aware that motorcycling can be dangerous. I’m aware that traffic conditions, roads, weather and other conditions as well as the actions of other members of the trip can influence the risks. I agree to accept those risks. I’m an experienced, responsible and healthy motorcyclist with a valid motorcycle driver license. As a passenger I’m aware of the potential dangers of motorcycling. I further agree and understand that the owners, operators and agents of this trip, including Motoaventura, are not the guardians of my safety. They, individually or collectively, cannot be held liable in any way for any occurrence in connection with the operation or my participation in the trip which might result in injury, death or other damage to me, my property, or my family, heirs, or assigns. These terms and conditions shall be governed by the internal laws in Osorno as to all matters. Any action between the parties hereto shall only be brought in Osorno court and not in any other jurisdiction and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable fees and costs. Tour: Participant:
Cancelations:
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MotoAventura Ltda. MSN: soniadvorachuk@hotmail.com P.O. Box 1336 - Osorno Chile |
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