General Terms and Conditions (GTC)

GENERAL TERMS AND CONDITIONS (GTC) for rental vehicles (motorcycles)
MotoGS Rental Croatia / MotoGS WorldTours – Tour Operator (sole proprietorship, Germany)
Version date: 21/07/2025

Note on the online version of our GTC and confirmation at handover
These GTC apply to all motorcycle rentals and rentals of optional accessories/equipment offered by MotoGS WorldTours – Tour Operator and presented externally under “MotoGS Rental Croatia” (MGR). You can view these GTC online at any time; in addition, if handover with signature is intended, they will be confirmed at motorcycle pick-up together with the rental agreement as a binding part of the rental relationship.

1. Provider, address for service, contact, scope of application

1.1 The lessor is:
MotoGS WorldTours – Tour Operator (sole proprietorship)
Seffnerstraße 2, 06217 Merseburg, Germany
E-mail: info@motogsworldtours.com
E-mail: rental@motogsrental.com
(hereinafter “MGSWT” or “Lessor”).

1.2 “MotoGS Rental Croatia” is the external brand name used for MGSWT’s rental activities (hereinafter “MGR”). The contracting party of the renter is exclusively MGSWT.

1.3 These GTC apply to all agreements for the rental of motorcycles as well as optional accessories/equipment that MGSWT/MGR concludes with you as the renter.

1.4 These are vehicle rental agreements (not package travel contracts). Travel services are not owed; the provisions on package travel contracts (in particular §§ 651a et seq. German Civil Code (BGB)) do not apply to this rental relationship.

1.5 The following shall be decisive for the content of the contract, in the following order:
a) Rental agreement / booking or contract confirmation,
b) the price and service overview valid at the time of booking (website/offer),
c) these GTC,
d) supplementary terms of third parties (e.g. payment service providers/insurers), insofar as they are mandatory and are made available to you in due time.

1.6 The contractual language is German. Any translations are for guidance only; the German version shall prevail.

1.7 Contact / availability in urgent cases
For urgent matters, you can reach MGSWT/MGR via the contact channels stated in the booking/contract confirmation (in particular e-mail; and, if provided, mobile number/WhatsApp).

2. Contract conclusion, reservation, communication, right of withdrawal

2.1 By submitting the online reservation, you make a binding offer to conclude a rental agreement.

2.2 The contract is concluded as soon as you receive the booking/contract confirmation in text form (e.g. by e-mail) and the agreed deposit (or – depending on the booking model – the full rental price) has been received in due time.

2.3 You must ensure that you can be reached at the e-mail address provided (including spam folder).

2.4 Right of withdrawal
For distance contracts, a statutory right of withdrawal may exist. However, the right of withdrawal is excluded by law if the contract provides for the provision of services in connection with leisure activities and a specific date or period is provided for performance (§ 312g para. 2 no. 9 BGB). Whether and to what extent this applies to your specific booking depends on the statutory requirements and the agreed period.

3. Rental object, scope of services, availability, insurance

3.1 The rental object is the motorcycle specified in the rental agreement and, if applicable, booked accessories/equipment.

3.2 The specific scope of services (rental period, mileage arrangement, handover/return location, additional services, deductible/security deposit, and, where applicable, rules for travel abroad) is defined in the rental agreement.

3.3 MGSWT/MGR is entitled to provide, instead of the booked model, a motorcycle comparable in its essential features in the same or a higher category if the booked model is not available for reasons not attributable to MGSWT/MGR (e.g. damage, theft, late return by the previous renter).

3.4 The motorcycle is insured in accordance with the rental agreement and the respective insurance certificate. Only the insurance certificate and the terms agreed in the rental agreement (e.g. deductible, obligations, territory restrictions) are decisive.

4. Rental prices, payment, due dates

4.1 The prices shown during the booking process and in the booking/contract confirmation shall apply.

4.2 Deposit: Upon conclusion of the contract, a deposit of at least 30% of the rental price is due, unless otherwise agreed in the rental agreement. If the deposit is not paid within the agreed period, MGSWT/MGR is no longer bound by the reservation.

4.3 Balance: The remaining rental price must be paid no later than at vehicle handover, unless otherwise agreed in the rental agreement.

4.4 Permitted means of payment result from the booking process or the contract confirmation.

5. Security Deposit / Security

5.1 In addition to the rental price, a security deposit in the amount of EUR 2,000 must be provided as security. The deposit serves in particular to secure claims arising from damage, deductible/excess, missing refuelling, extraordinary soiling, additional kilometres, late return, fees/processing costs, as well as any other claims arising from the rental relationship.

5.2 The security deposit must be provided no later than upon vehicle handover (e.g., pre-authorisation/reservation on credit/debit card (pre-auth) or in cash, if offered). You must ensure that the required funds/available limit are available. In the case of a pre-authorisation, the amount is not captured immediately, but merely reserved by the card issuer; the duration of the reservation depends on the card issuer and card type and, in individual cases, may also be released by the card issuer before the end of the reservation period.

5.3 Return/Release: If there are no outstanding claims after the vehicle is returned, the deposit or reservation will be released without undue delay. The actual release by the bank/issuer may be delayed, depending on the card issuer/bank.

5.4 Deposit processing via payment service provider: If the deposit reservation is processed via a payment service provider, processing may technically take place via the provider used by MGSWT/MGR (currently: Nexi Germany). An early manual release upon request may—if technically possible and involving additional effort—be charged at EUR 30 incl. statutory VAT.

5.5 Settlement against the deposit / subsequent claims: If justified costs arise after the vehicle or equipment has been returned in accordance with Clause 5.1, we may settle these up to the amount of the deposit. Where technically possible, settlement will be carried out by (partial) capture from the existing card reservation (pre-authorisation). If this is not technically possible or if the reservation has already been released by the card issuer, your payment obligation remains; we will invoice the amount or request payment via a customary payment method. We will inform you of the nature and amount of the settlement and document the circumstances (e.g., handover/return report, photos, receipts/estimates).

6. Vehicle handover, return, condition, fees

6.1 Handover location and time are defined in the rental agreement. Unless otherwise agreed, handover takes place on weekdays between 08:00 and 18:00.

6.2 Non-collection: If the motorcycle is not collected at the contractually agreed time, MGSWT/MGR may, after a waiting time of 2 hours, shorten the rental period accordingly. The rental period then begins at the actual handover and ends at the agreed end time (day/time). Claims of MGSWT/MGR remain unaffected.

6.3 Handover report: At handover, a condition/handover report is prepared. All visible pre-existing damage is documented. You must check the motorcycle at handover and have any defects/damage recorded in the report without undue delay. New damage during the rental period must be reported to MGSWT/MGR without undue delay.

6.4 Fuel/clean condition: The motorcycle is generally handed over clean and with a full tank and must be returned with a full tank and roughly cleaned, unless otherwise agreed.
a) Exceptional soiling: Cleaning fee EUR 50 incl. statutory VAT. Both parties may prove that higher or lower expenses were incurred.
b) Missing refuelling: MGSWT/MGR will refuel and charge EUR 2/litre incl. statutory VAT plus a handling fee of EUR 30 incl. statutory VAT.

6.5 Return location: Return at the handover location unless otherwise agreed. If returned at a different location without agreement, MGSWT/MGR will charge:
a) EUR 1 per kilometre (distance between agreed return location and actual return location) and additionally
b) EUR 20 per hour incl. statutory VAT as a handling fee for organisation/return transport.

6.6 Late return: If return is delayed by more than 1 hour, MGSWT/MGR will charge EUR 20 per started hour incl. statutory VAT as a handling/loss-of-use fee. Further damages (e.g. claims by subsequent renters) remain reserved; you are permitted to prove lower damages.

6.7 Mileage arrangement / excess kilometres: If the contractually agreed kilometres are exceeded, MGSWT/MGR will charge EUR 0.37 per kilometre incl. statutory VAT unless otherwise agreed in the rental agreement.

6.8 Optional delivery/collection service: Subject to availability, delivery/collection within 150 km can be agreed. Billing: EUR 25 per started hour incl. statutory VAT (incl. staff/vehicle/fuel costs), unless otherwise agreed.

7. Withdrawal/cancellation before start of rental, replacement renter, changes, early return, compensation for use

7.1 Cancellation: If you withdraw from the contract before the start of rental, MGSWT/MGR may demand reasonable compensation. This is calculated as a flat rate – based on the agreed rental price:
- up to 51 days before start of rental: 30%
- 50 to 21 days before start of rental: 70%
- 20 to 14 days before start of rental: 80%
- 13 to 7 days before start of rental: 90%
- from 6 days before start of rental or on the day the rental begins: 100%

7.2 You are expressly permitted to prove that MGSWT/MGR suffered no damage or significantly lower damage. MGSWT/MGR is permitted to prove that higher damage was suffered.

7.3 Replacement renter: You may nominate a replacement renter. This requires that the replacement renter meets the rental requirements (in particular age/licence/security deposit/means of payment) and that MGSWT/MGR agrees. In this case, compensation shall not apply insofar as MGSWT/MGR suffers no damage; reasonable changeover/processing costs may be charged.

7.4 Upgrade (higher category) at the renter’s request: A change to a higher-value motorcycle on the handover day or during the rental period is subject to availability and is treated as a contract amendment. At a minimum, the price difference must be paid; MGSWT/MGR may issue a new rental agreement for this.

7.5 Downgrade (lower-priced category) at the renter’s request: A change to a cheaper motorcycle generally does not entitle you to a refund. At a minimum, the originally agreed rental price remains decisive unless MGSWT/MGR can rent out the originally booked motorcycle elsewhere.

7.6 Early return: If you return the motorcycle before the agreed return date, there is no right to a pro-rata refund unless MGSWT/MGR can rent out the motorcycle elsewhere for the freed-up period.

7.7 Use beyond the rental period / no automatic extension: A tacit conversion into an indefinite rental relationship is not agreed. Use beyond the agreed rental period is only permitted with MGSWT/MGR’s consent. For any use beyond the agreed rental period, MGSWT/MGR may charge compensation for use at least in the amount of the respective daily rate; further damages remain reserved.

7.8 Insurance notice: You may be able to protect yourself by taking out travel/rental cancellation insurance. Such insurance is not part of the contract.

8. Authorised riders, minimum requirements

8.1 Minimum age: 23 years. Minimum licence holding: 3 years.

8.2 A valid Class A driving licence (or an equivalent national licence) is required that entitles you to ride the motorcycle. You are responsible for any additional documents required (e.g. International Driving Permit) and recognition in the respective country.

8.3 The motorcycle may only be ridden by you and the riders listed in the rental agreement. Handing over to non-listed riders is prohibited.

9. Duty of care, prohibited use (in particular off-road)

9.1 You must treat the motorcycle and accessories with care, observe operating and safety instructions and properly secure the motorcycle against theft.

9.2 Off-road riding is prohibited. Riding outside public roads or on routes not intended for public traffic is prohibited. The motorcycle is not rented for off-road tours. If you violate this, insurance cover may lapse; in that case you are generally liable in full in the event of damage (also beyond security deposit/deductible) insofar as the insurer does not pay due to the breach.

9.3 The following are also prohibited in particular: participation in racing/motorsport events and vehicle tests, subletting/handing over without consent, transport of hazardous substances (explosive, highly flammable, toxic, radioactive etc.) and use for committing criminal offences.

10. Travel abroad / territory restrictions, Kosovo

10.1 Travel abroad within Europe is generally possible provided insurance cover exists and – where required – MGSWT/MGR has given prior written consent.

10.2 Countries requiring consent: Travel to the following countries must be notified to MGSWT/MGR before the start of rental and requires prior written consent: Albania, Bulgaria, Bosnia and Herzegovina, Estonia, France, Greece, Italy incl. Sicily, Latvia, Lithuania, North Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary, Ukraine, Belarus.

10.3 Kosovo: Travel to/through Kosovo is prohibited if, under the insurance terms/insurance certificates applicable at the time of rental, there is no insurance cover there. If you violate this prohibition, you are generally liable in full in the event of damage (also beyond deductible/security deposit) insofar as the insurer does not pay due to the breach.

10.4 Travel to non-European countries as well as to war, crisis and disaster areas is prohibited.

10.5 You must independently inform yourself about toll/vignette obligations, entry/border requirements and local regulations and bear the resulting costs.

10.6 Possible additional costs: If travel abroad results in additional costs (e.g. insurance/risk surcharges), MGSWT/MGR may – after prior notice – charge an appropriate surcharge (e.g. a flat rate of EUR 7/day incl. statutory VAT), depending on the individual case.

11. Maintenance, repairs, breakdowns, keys/documents, accessories

11.1 You bear operating costs and consumables (in particular fuel). Regular maintenance and typical wear repairs are borne by MGSWT/MGR unless they are due to incorrect operation or improper use.

11.2 You may arrange necessary repairs to restore operational or road safety up to EUR 150 without prior consent; beyond that only with prior consent of MGSWT/MGR. Reimbursements are made against original receipts provided you are not at fault.

11.3 Tyre puncture (e.g. nail/glass): You bear the costs unless the cause is due to a defect for which MGSWT/MGR is responsible.

11.4 In the event of a defect, the manufacturer’s service/breakdown hotline must be contacted and their instructions must be followed. In case of breach, you bear any resulting additional costs.

11.5 Keyless ride key: The motorcycle may be equipped with a keyless ride system. Loss/theft of the (remote) key results in your liability for replacement and consequential costs (key, and, if applicable, locking/pannier system, seat/lock components) unless there is a reason attributable to MGSWT/MGR.

11.6 Vehicle documents: Loss of vehicle documents provided to you (e.g. registration certificate) is your responsibility; you bear the replacement costs.

11.7 Accessories/equipment: You are liable for loss/damage of rented accessories (e.g. navigation device, helmet, camera) unless this is normal wear or due to a defect attributable to MGSWT/MGR.

12. Renter’s liability, deductible, exclusions/increase, fees

12.1 You are liable for timely return and return in the contractually required condition.

12.2 In the event of an accident/damage event or theft, you are generally liable up to the deductible agreed in the rental agreement per claim (usually EUR 2,000), provided the insurer pays and no exclusion applies. A reduction of the deductible may be possible through additional/optional insurance, where offered and agreed in the rental agreement.

12.3 Increased deductible for certain countries: For travel to the following countries, an increased deductible of EUR 3,000 per claim may apply despite consent: Albania, Bulgaria, Bosnia and Herzegovina, Belarus, Estonia, France, Greece, Italy incl. Sicily, Latvia, Lithuania, North Macedonia, Moldova, Montenegro, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary, Ukraine. The rental agreement/insurance cover is decisive.

12.4 Unlimited liability: You are liable without limitation if and insofar as the insurer does not pay, in particular in cases of intent or gross negligence, alcohol/drug impairment, unauthorised rider, prohibited use (clause 9), breach of territory restrictions (clause 10) or breach of obligations (clause 13) insofar as this affected claim settlement. The same applies in case of hit-and-run insofar as it affected claim settlement.

12.5 Prohibited purposes: Use for motorsport events/tests, transport of hazardous substances, commission of criminal offences, or subletting/handing over without consent is prohibited. In case of breach, you are liable for all resulting damages and costs.

12.6 Processing fee (fines/tolls/violations): For handling fines, toll/reminder procedures or other violations (e.g. keeper request, correspondence), MGSWT/MGR may charge EUR 30 per case. You are permitted to prove that no or significantly lower effort was incurred. The fee is payable in addition to the fine/toll amount itself.

12.7 Payment processing / charging the payment method: To execute the rental relationship, MGSWT/MGR must be able to settle due claims (rental price, security deposit retentions, fees, damages, processing costs) via the payment method you provide, insofar as agreed and legally permissible. You grant the necessary consents in the booking process and/or by providing the payment method.

12.8 You are only liable for traffic violations that you culpably committed.

13. Conduct in the event of accident, theft, fire, wildlife damage

13.1 In the event of an accident, theft, fire, wildlife damage or other damage, you must notify the police immediately and have the incident recorded – also in the case of self-inflicted accidents without third parties.

13.2 You must inform MGSWT/MGR immediately and prepare a written accident/damage report (incl. sketch/photos, names/addresses of involved parties and witnesses, registration numbers, insurance data). Documentation is also required for minor damage.

13.3 Admissions of liability or payments to third parties may not be made without MGSWT/MGR’s consent.

13.4 If the expected damage exceeds the deductible or the motorcycle is no longer roadworthy, you must additionally inform MGSWT/MGR by telephone.

14. Liability of MGSWT/MGR

14.1 MGSWT/MGR is liable in accordance with statutory provisions. In cases of slight negligence, MGSWT/MGR is liable only for breach of essential contractual obligations and limited to the typically foreseeable damage.

14.2 MGSWT/MGR is not liable for indirect damages (e.g. loss of holiday enjoyment, consequential costs) insofar as legally permissible.

14.3 MGSWT/MGR is not obliged to store items left behind on the motorcycle; if found, a voluntary notification will be made where possible, but without legal entitlement.

15. Notification of claims, limitation

15.1 Claims arising from the rental relationship should be notified to MGSWT/MGR in writing within one month after return to enable a swift clarification. Statutory limitation periods remain unaffected.

16. Data protection

16.1 MGSWT/MGR processes personal data for contract performance, billing, security deposit/payment processing, damage handling and to fulfil statutory obligations in accordance with the GDPR and the BDSG. Details are set out in the privacy policy of MGSWT/MGR.

16.2 MGSWT/MGR is entitled to process data in particular where this is necessary to clarify incorrect information, in cases of delayed return, or to process traffic violations/administrative offences.

17. GPS tracking

17.1 The motorcycle may be equipped with a GPS tracking system (e.g. theft protection/location in the event of damage). You consent to such use to the extent required. Processing takes place only insofar as necessary for security/location/damage prevention and in accordance with the privacy policy.

18. Choice of law, jurisdiction

18.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the state of your habitual residence remain unaffected.

18.2 For consumers, the statutory place of jurisdiction applies.

18.3 If the renter is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the rental relationship is Merseburg (Saxony-Anhalt), Germany.

19. Final provisions (incl. severability clause)

19.1 Amendments and supplements must be made in text form (e.g. e-mail) unless a stricter form is required by law.

19.2 Severability clause
Should individual provisions of these GTC be or become wholly or partially invalid, unenforceable or void, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid, unenforceable or void provision (§ 306 BGB). The same applies to any gaps in these GTC.

19.3 Mandatory statutory provisions remain unaffected.

- End of the GTC -