SUBJECT MATTER
1.1. These General Terms and Conditions govern the relations between MotoTrip and every user of the Services accessible through the Website www.mototripbg.com. By using the Services provided through the Website www.mototripbg.com, every user of the Services declares that they are familiar with these General Terms and Conditions and undertakes to comply with them.
1.2. All terms and expressions used in these General Terms and Conditions with a capital letter are defined in Clause 10 of these General Terms and Conditions and shall have the meaning given to them in these General Terms and Conditions.
SERVICES PROVIDED BY MOTOTRIP THROUGH WWW.MOTOTRIPBG.COM
2.1. The Services offered by MotoTrip through its Website relate to the rental of available1 or similar2 Motorcycles with/without Equipment, displayed on the Website, in accordance with these General Terms and Conditions, as well as with the Individual Rental Agreement concluded between MotoTrip and the Client. If the Client refuses to sign these General Terms and Conditions, MotoTrip shall have the right to refuse to provide the Services and shall have the right to claim damages from the Client (including lost profits). In the cases referred to in the preceding sentences, MotoTrip shall retain the Advance Payment.
2.2. MotoTrip offers the following Services: registration on the Website for the purposes of reserving the Motorcycle with/without Equipment selected by the Client for the Rental Period, and rental of the selected type of Motorcycle with/without Equipment under terms agreed between the parties in the Individual Rental Agreement.
2.3. All reservations made on the Website are personalized – i.e., the Client enters their personal data when making the reservation. When using the Services through the Website or the Mobile Application, each Client is responsible for entering their correct personal data – including the number of a valid identity card/passport and the number of a valid driving licence. Every Client who makes a reservation through the Website and uses the Services must be 21 years of age and must have at least 2 (two) years of experience riding motorcycles (category A).
RESERVATION. ADVANCE PAYMENT
3.1. Upon completion of the selection process under Clause 2 of these General Terms and Conditions, the Client will be able to make a reservation for a selected Rental Period by choosing from the available Motorcycles with/without Equipment. After the options have been selected, the system displays the Rental Price, Advance Payment and Deposit due. If the Client wishes to proceed further with the reservation process, valid credit/debit card details must be entered on the Website in order to make the Advance Payment, which serves as a guarantee that the Client will comply with their obligation to conclude an Individual Rental Agreement, to present the documents allowing them to operate the selected vehicle, and to use the Services as requested through the Website.
3.2. Please note that the reservation shall be considered complete and binding on MotoTrip only after MotoTrip's bank account has been debited with the Advance Payment made and after MotoTrip has sent a confirmation email for the reservation made, containing the reservation number.
3.3. Should the Client wish to change or cancel the reservation, this may be done no later than 60 days before the start of the Rental Period and only with the express written consent of MotoTrip, communicated (by email) to the Client. For the avoidance of doubt, changes to the reservation shall be valid only if confirmed by MotoTrip. If the Client cancels the trip later than 30 (thirty) days before the start of the agreed Rental Period, the Advance Payment shall be retained by MotoTrip. The Client shall have the right to make one change3 to the reservation free of charge, on one occasion only. Should a second change to the reservation be requested, MotoTrip shall deduct a fee of €399 from the Advance Payment made. If the Advance Payment does not cover the fee for the second change to the reservation, the Client shall be obliged to pay the difference simultaneously with payment of the Rental Price.
3.4. When refunding any amounts to the Client, MotoTrip shall deduct all bank and other fees related to the bank transfers.
INDIVIDUAL RENTAL AGREEMENT. DEPOSIT
4.1. All obligations of the Client and MotoTrip shall become binding on the parties upon signing of the Individual Rental Agreement and payment of the Deposit by the Client. The Individual Rental Agreement is signed by the parties or their duly authorized representatives at the start of the Rental Period and upon collection of the Motorcycle selected4 by the Client during the reservation process, as specified in these General Terms and Conditions.
4.2. Upon signing the Individual Rental Agreement, the Client shall present originals of the following documents: a valid identity card/passport, and a valid category A driving licence permitting the riding of the selected Motorcycle.
4.3. Upon signing the Individual Rental Agreement, MotoTrip may request that the Client demonstrate their skills in riding the selected Motorcycle. MotoTrip reserves the right to refuse to conclude the Individual Rental Agreement if it determines that the Client does not possess the skills necessary to ride the selected Motorcycle.
4.4. Upon handover and upon return of the rented Motorcycle, the parties shall sign appendices (handover-acceptance protocols), which form an integral part of the Individual Rental Agreement and which describe the condition of the Motorcycle and its accessories (documents and Equipment) with which it was rented.
4.5. Upon signing the Individual Rental Agreement, the Client shall pay a one-off Deposit in the amount of €399. The Deposit serves as a guarantee for the due performance of the Client's obligations under these General Terms and Conditions and the Individual Rental Agreement, and covers:
4.5.1. any damage to or defect of the Motorcycle with/without the Equipment caused by the Client or resulting from the Client's negligence;
4.5.2. the due performance of all of the Client's obligations under these General Terms and Conditions and the Individual Rental Agreement, including the obligation to maintain the Motorcycle with due care;
4.5.3. damages caused by the Client while riding the rented Motorcycle which are not covered by the “Motor Third-Party Liability Insurance”;
4.5.4. any penalties imposed by the traffic police authorities due to the Client's failure to comply with traffic regulations.
4.6. The Client is obliged to return the Motorcycle at the end of the Rental Period in the same condition and with the same amount of fuel as specified in the handover-acceptance protocol signed upon conclusion of the Individual Rental Agreement. Any shortfall in the amount of fuel shall be charged at €2 per litre, which MotoTrip shall withhold from the Deposit paid by the Client under these General Terms and Conditions.
4.7. The Client is obliged to return the Motorcycle to MotoTrip only after having it cleaned at a car wash. Otherwise, MotoTrip shall withhold €10 from the Deposit paid by the Client under these General Terms and Conditions.
4.8. The Deposit shall be refunded to the Client in full upon return of the Motorcycle and signing of the handover-acceptance protocol describing the condition of the rented Motorcycle and Equipment, only if there is no damage to the Motorcycle with/without the Equipment, and provided there are no penalties imposed by the traffic police authorities, or any damages claimed by/caused to third parties and/or their property in connection with the Client's use of the Services.
RENTAL PRICE. PAYMENT TERMS
5.1. The Rental Price for the Rental Period requested by the Client during the reservation process shall be confirmed upon completion of the registration process, pursuant to Clause 3 of these General Terms and Conditions, by MotoTrip sending a confirmation email. It is expressly agreed that the Rental Price does not include the fuel used by the Client.
5.2. The Rental Price includes a daily mileage allowance of 300 km. Where the mileage included in the Rental Price is exceeded, the Client shall pay a fee for the excess kilometres in the amount of €0.10/km.
5.3. The Rental Period shall be that specified in the Individual Rental Agreement and may not be shorter than 72 hours. Should the Client wish to extend the originally agreed Rental Period, the Client shall send a request to MotoTrip – via the reservation form on the Website or to MotoTrip's email address. The extension of the Rental Period shall be valid only if confirmed in advance by MotoTrip via email and after the Client has paid in advance the additional Rental Price for the extended Rental Period. Should the Client shorten the Rental Period by returning the Motorcycle before the end of the Rental Period, the payments made in advance by the Client shall not be refunded, with the exception of the Deposit, provided that the requirements for its return under these General Terms and Conditions have been met.
5.4. The full amount of the Rental Price shall be paid in advance no later than the date on which the Motorcycle is handed over to the Client, by bank transfer5, debit/credit card, PayPal, or in cash, upon signing of the Individual Rental Agreement and the handover-acceptance protocol. All online payments are made via PayPal and are protected by SSL certification technologies. Please be advised that MotoTrip shall not be liable for damages resulting from unauthorized use of debit/credit cards, and the Client agrees to indemnify MotoTrip against any third-party claims in this respect.
5.5. Should the Client fail to make any of the payments (the Advance Payment and/or the Rental Price and/or payment of the Deposit) in accordance with what has been agreed in these General Terms and Conditions, MotoTrip shall have no obligation to conclude the Individual Rental Agreement, nor to hand over the Motorcycle to the Client. At the same time, MotoTrip shall have the right to retain the Advance Payment made by the Client as compensation for the Client's pre-contractual liability.
5.6. MotoTrip shall not be liable for any fees imposed on the Client in connection with the payment method used by them (such as fees charged by the Client's bank, fees charged by the payment application or online payment service, or credit or debit card fees).
5.7. The Client shall have the right to use various platforms, solutions or applications to access the Services at www.mototripbg.com, as well as various payment platforms and applications such as Google Wallet, Apple Pay, e-Pay, PayPal and others, and any other means of access/payment, sites or applications expressly specified on the Website. If the Client uses such applications and platforms, in addition to the provisions of these General Terms and Conditions, the Client must also comply with the terms of those applications/platforms. MotoTrip shall not be liable for any of the provisions of their terms and conditions, nor shall it be liable for fees imposed as a result of the use of such applications and platforms.
PICK-UP AND RETURN OF THE MOTORCYCLE. 6.1. If the Client fails to appear at the time and place specified during the reservation process in order to collect the Motorcycle, MotoTrip shall be obliged to wait up to two hours for the Client or their duly authorized representative. If, within those two hours, the Client has not appeared to conclude the Individual Rental Agreement and collect the Motorcycle, MotoTrip shall be released from the obligation to conclude the Individual Rental Agreement and shall retain the Advance Payment as compensation for the damages incurred by MotoTrip.
6.2. The rented Motorcycle shall be collected by the Client on the date, at the time and at the place specified in the reservation confirmation, following the signing of a handover-acceptance protocol describing the condition of the Motorcycle. The handover-acceptance protocol forms an integral part of the Individual Rental Agreement and serves as evidence of the performance of the parties' obligations. The Client is obliged to state any remarks regarding the condition of the Motorcycle and/or the rented Equipment in the handover-acceptance protocol signed upon handover of the Motorcycle. If the Client does not state any remarks, they shall be deemed to have accepted the condition of the Motorcycle and to have agreed that its operating condition is suitable for the purposes of the Individual Rental Agreement and that the Motorcycle is free of visible damage.
6.3. MotoTrip shall have the right to refuse to sign the handover-acceptance protocol, and accordingly to refuse to hand over the Motorcycle to the Client, if, upon signing of the protocol, the Client fails to present any of the documents referred to in Clause 2.3 of these General Terms and Conditions and/or a valid debit/credit card used to make the payments under the Individual Rental Agreement, and/or if the Client fails to make any of the payments under Clause 5 of these General Terms and Conditions. If this is the case, MotoTrip shall have the right to retain the Advance Payment as compensation.
6.4. The Client is obliged to return the Motorcycle to MotoTrip no later than one hour after the end of the Rental Period. Should the Client be delayed, they must notify MotoTrip in writing of the reasons for the delay and provide an estimated time of arrival at the place of return of the Motorcycle. The delay in return shall be charged as an additional Rental Period at the applicable Rental Price, and MotoTrip shall have the right to withdraw the additionally charged Rental Price from the blocked Deposit amount. In addition to the additional Rental Price due for the period of delay, the Client shall owe MotoTrip a penalty in the amount of the daily Rental Price for each day of delay. The penalty shall likewise be covered by the Deposit, and MotoTrip shall have the right to set it off against the Deposit paid by the Client under these General Terms and Conditions. Should the Client fail to return the rented Motorcycle by the agreed deadline and/or fail to notify MotoTrip in writing of the reasons for the delay, MotoTrip shall have the right to contact the police authorities and to claim unlawful appropriation of the rented Motorcycle.
RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. MotoTrip shall have the following rights and obligations:
7.1.1. MotoTrip shall have the right to use the Client's personal information related to the Services selected by the Client;
7.1.2. MotoTrip is the sole holder of the intellectual property rights relating to all materials and resources on the Website. These rights are protected by the provisions of the Copyright and Related Rights Act and/or the provisions of the Trademarks and Geographical Indications Act;
7.1.3. MotoTrip shall have the right to process the personal data provided by Clients in accordance with the personal data privacy policy adopted by MotoTrip Ltd., published on the Website www.mototripbg.com;
7.1.4. MotoTrip shall have the right to refuse to provide the rental Services to a Client on the Website if it turns out that the information provided by the Client is untrue or inaccurate, or if any of the documents referred to in Clause 2.3 of these General Terms and Conditions is invalid or has expired as of the date of signing of the Individual Rental Agreement;
7.1.5. MotoTrip shall have the right to terminate the Individual Rental Agreement unilaterally without prior notice and to request that the Client immediately return the rented Motorcycle in the condition in which it was rented, if the Client fails to comply with these General Terms and Conditions and/or the traffic regulations, and/or if the Client in any way endangers the rented property, the health and safety of third parties, or the property of others, and/or breaches any statutory obligations they have in connection with the concluded Individual Rental Agreement;
7.1.6. MotoTrip shall have the right to retain the Deposit provided for at least the period referred to in Clause 5.3 of these General Terms and Conditions, setting off against it any damage caused by the Client, as well as any penalty imposed by state authorities in connection with the Client's failure to comply with applicable statutory provisions;
7.1.7. MotoTrip shall have the right to change the motorcycles on offer that are displayed on the Website, and to provide the Client with a Motorcycle that is as similar as possible to the one selected by the Client during the reservation process under Clause 3 of these General Terms and Conditions;
7.1.8. If, after the return of the Deposit under Clause 4.8 of these General Terms and Conditions, MotoTrip receives any penalties from the traffic police authorities for the Client's breach of applicable regulations during the Rental Period, MotoTrip shall have the right to request that the Client pay the penalties imposed, as well as any additional damages incurred by MotoTrip as a result of the breach. The Client hereby expressly agrees to MotoTrip's right to provide all of the Client's personal data (including copies of their identity documents and driving licence) to the traffic police authorities in connection with the breach and the imposition of the statutorily provided penalties;
7.1.9. MotoTrip shall have the right to claim from the Client any damage caused to the Motorcycle or to the property of others by the Client or as a result of the Client's negligence, and for these purposes the Client agrees that MotoTrip shall have the right to use the details of the Client's debit/credit card to block the amount corresponding to the damages caused by the Client.
7.2. The Client agrees that they have the following rights and obligations:
7.2.1. The Client agrees not to circumvent, compromise or otherwise disrupt the normal functioning of the technical or software applications ensuring the operation of the Website;
7.2.2. The Client accepts and agrees that the Services shall be provided on condition that the Client makes the Advance Payment, pays the Rental Price in advance (no later than upon conclusion of the Individual Rental Agreement), pays the Deposit (no later than upon conclusion of the Individual Rental Agreement), provides the data and documents referred to in Clause 2.4 above (including personal data within the meaning given in the GDPR), and signs a copy of these General Terms and Conditions and the Individual Rental Agreement;
7.2.3. The Client accepts and agrees that the personal data provided by them will be used for the purposes of providing the Services and that MotoTrip shall have the right to store and process the data provided by the Client in accordance with the provisions of these General Terms and Conditions, the Privacy Policy and the applicable legislation;
7.2.4. Under these General Terms and Conditions, the Client shall have the right to use the Services provided through the Website solely for personal, non-commercial purposes and in accordance with the General Terms and Conditions;
7.2.5. The Client agrees to comply with the traffic regulations in force in the Republic of Bulgaria, and the Client declares that they have received sufficient and detailed information in this respect;
7.2.6. The Client agrees to pay all penalties imposed by the traffic police authorities or another state authority for the Client's breach of applicable regulations during the Rental Period;
7.2.7. The Client is obliged to use the rented Motorcycle for its intended purpose and to maintain its technical condition, which also includes the Client's obligation not to make any alterations or changes to the technical condition of the Motorcycle, not to leave it in an unguarded parking area or unattended, and to keep the Motorcycle's documents and keys with them while it is stationary and parked;
7.2.8. The Client is obliged to return the rented Motorcycle in the condition in which it was received, in accordance with the handover-acceptance protocol signed upon conclusion of the Individual Rental Agreement;
7.2.9. The Client is obliged to monitor the levels of fuel, engine oil, antifreeze and brake fluid, and in any case where there are indications of fluctuations or deviations therein, to contact MotoTrip immediately and follow MotoTrip's instructions. If MotoTrip fails to respond within a reasonable time, the Client must visit the nearest service centre and request advice regarding the fluctuations or deviations;
7.2.10. The Client shall not sublet the Motorcycle to third parties, nor permit the Motorcycle to be ridden by a person who is not a party to the Individual Rental Agreement, nor allow the Motorcycle to be operated by a person under the influence of alcohol, drugs or other narcotic substances;
7.2.11. The Client is informed that when using the Motorcycle, all passengers must wear helmets, and persons under 12 years of age may not ride as passengers on the Motorcycle;
7.2.12. The Client shall not use the rented Motorcycle for any of the following purposes:
▪ in sporting events, off-road riding or races, training, or the transport of any goods or luggage that could damage the Motorcycle or exceed its capacity;
▪ to commit criminal acts or to breach the applicable legislation in any way, including that it is not permitted to ride the Motorcycle without a helmet or after the consumption of alcohol, drugs or other narcotic substances;
▪ to use the Motorcycle outside the Territory without the express written consent of MotoTrip and without a “Green Card” insurance policy. Leaving the Territory with the Motorcycle is permitted only to Clients who hold an express power of attorney from MotoTrip – signed and notarized – and who have obtained the additional “Green Card” insurance policy.
RELEASE FROM LIABILITY
8.1. By accepting these General Terms and Conditions, the Client declares that they will use the Services at their own risk and responsibility, and the parties agree that MotoTrip shall not be liable for damages suffered by the Client as a result of using the Services, except where such damages have been caused by MotoTrip intentionally or as a result of gross negligence on its part.
8.2. MotoTrip shall not be liable to the Client or to third parties for damages and losses arising from the use, suspension, cancellation, modification or restriction of the Services, or from the deterioration of their quality.
8.3. MotoTrip shall not be liable for its inability to provide the Services due to circumstances beyond its control, such as force majeure events, natural events, interruptions in internet service, interruptions in third-party services, malfunctions in the Client's equipment, and malicious activities, including unauthorized access to or third-party interference with the operation of MotoTrip's information system or servers, etc., or in the event that MotoTrip refuses to provide any of the Services due to the Client's failure to comply with these General Terms and Conditions.
8.4. If any of the circumstances declared by the Client through the acceptance of these General Terms and Conditions or the use of the Services proves to be untrue, or if the Client breaches these General Terms and Conditions, the Client shall be obliged to compensate MotoTrip for all resulting damages and lost profits.
8.5. The Client agrees that the Website and the Mobile Application may use advertising techniques such as remarketing, interest-based targeting and similar audience targeting, among others.
8.6. The Client releases MotoTrip from liability, including with respect to the following cases:
8.6.1. Where the Client has provided inaccurate or outdated data and damages or losses arise from the use of untrue, inaccurate or outdated data;
8.6.2. Information not received due to an incorrect or outdated email address or due to it being filed in the “SPAM” folder;
8.6.3. Pecuniary and non-pecuniary damages arising after the use of the Services;
8.6.4. Damages caused by the Client to third parties, or damages caused by third parties to the Client, including other users;
8.6.5. MotoTrip's inability to provide the Services during a certain period of time due to force majeure, fortuitous events, internet problems, technical or other objective reasons;
8.6.6. Circumvention of the security measures of the technical equipment through which the Services are provided, and the resulting loss of information, disclosure of information, unauthorized access to information, restriction of access to information, unauthorized changes to the information published on MotoTrip's sites, and other similar consequences;
8.6.7. The granting of access to third parties to information, or the loss or alteration of data or parameters of the Service, occurring as a result of false identification by a third party posing as the Client by entering the password for access to the Client's account;
8.6.8. MotoTrip shall not be liable for any untrue data or inaccuracy in information provided by third parties;
8.6.9. MotoTrip shall not be liable for any misuse by third parties of the financial instruments and data provided or used for the purchase of Services.
INSURANCE AND COVERAGE OF DAMAGES
9.1. By signing these General Terms and Conditions, the Client acknowledges that the Motorcycle is covered by the mandatory “Motor Third-Party Liability Insurance”.
9.2. In the event of any incident involving the Motorcycle, including but not limited to: theft, a road traffic accident, malicious acts by third parties, and others, the Client undertakes to immediately notify MotoTrip, as well as to call 112 and the insurer's telephone number provided on the Website, in order to report the incident to the police authorities and the insurer, and to inform them of all facts and circumstances related to the incident.
9.3. In the event of an incident, the Client shall strictly comply with the general terms and conditions of the insurer under the concluded “Motor Third-Party Liability Insurance”, and shall follow all instructions given to them by telephone or otherwise by MotoTrip and the insurance company, including signing a bilateral accident report for the road traffic accident and obtaining a report from the police authorities regarding the incident.
9.4. Should the Client fail to fulfil any of the above obligations, they shall bear full liability for all pecuniary and non-pecuniary damages resulting from the incident.
9.5. If, as a result of the incident, the Motorcycle is damaged to such an extent that it cannot be ridden (is not roadworthy under its own power), the Client shall contact MotoTrip, who will instruct them regarding the service centre or other location to which the Motorcycle should be transported, entirely at the Client's expense.
9.6. At the Client's request, and only where the incident was not caused by the Client and did not occur through the Client's fault, MotoTrip may agree to replace the Motorcycle with another one. In this case, the Client shall bear the costs of delivering the replacement Motorcycle to the Client's location. If, in MotoTrip's assessment, the Client has breached these General Terms and Conditions, MotoTrip shall have the right to refuse to replace the Motorcycle, and the prepaid Rental Price shall remain with MotoTrip as compensation in connection with the incident.
9.7. Where the incident is caused through the fault of, or by, the Client, the Client shall bear full liability for all direct and indirect, pecuniary and non-pecuniary damages resulting from the incident, including but not limited to: repair of the Motorcycle, its transportation from the site of the incident to a service centre, compensation to third parties, etc., insofar as such damages are not covered by the insurance policy in place.
9.8. Defects or damage beyond the control of the parties. If it turns out that the rented Motorcycle has a factory defect or that any of its parts is damaged through no fault of the Client, MotoTrip undertakes to remedy the defect/damage at its own expense as soon as possible. If the damage/defect cannot be remedied within 6 hours of its discovery, MotoTrip shall have the right to decline to replace the Motorcycle with another one, and the Client shall await the remedying of the defect. If the repair takes longer than the time specified above, MotoTrip undertakes to replace the Motorcycle with another one. However, should MotoTrip not have another Motorcycle available, MotoTrip shall have no obligation to replace the rented Motorcycle, but only to refund the Client the remainder of the Rental Price for the balance of the Rental Period under the Individual Rental Agreement, and to arrange transport for the Client to the place where the Motorcycle was handed over by MotoTrip to the Client. Should the Client wish to be transported to another location, such transport shall be at the Client's expense.
9.9. Upon the occurrence of damage, defect or theft, the Client shall owe MotoTrip a fee of €149 for all administrative actions arising from the occurrence of the relevant event, and MotoTrip shall have the right to set off the fee against the blocked Deposit amount under these Terms.
9.10. The Deposit provided by the Client serves as a guarantee for the performance of all of the Client's obligations, including those relating to the maintenance of the Motorcycle and the remedying of any damage to the Motorcycle resulting from the Client's action or inaction, among others.
9.11. Should an incident or damage to the Motorcycle occur, the Client hereby gives their express consent for MotoTrip to retain the Deposit provided by the Client until all circumstances have been clarified, including who is responsible for the damage/incident. Where the incident/damage is due to the Client's fault or results from the Client's acts or omissions, MotoTrip shall appropriate the Deposit and use it to cover the damages incurred at their market value. If the Deposit is insufficient, MotoTrip shall notify the Client of this in writing at the Client's correspondence email address, and the Client undertakes to pay MotoTrip the difference between the Deposit and the value of the damages within 10 (ten) days of the notification. In the event of theft of, or total damage to, the Motorcycle due to the Client's fault or as a result of the Client's failure to fulfil their obligations under these General Terms and Conditions, the Client undertakes to pay MotoTrip the market value of the Motorcycle, or the value at which it was purchased by MotoTrip. If the Deposit provided by the Client exceeds the market value of the damages, MotoTrip shall refund the Client the difference as soon as possible, but no later than 60 (sixty) days.
9.12. By signing these General Terms and Conditions, the Client declares that they are aware that, while riding the Motorcycle, damages to third parties or to the Client themselves could arise which are not covered by the “Motor Third-Party Liability Insurance” concluded by MotoTrip, and that the Client may, at their own discretion and entirely at their own expense, conclude insurance covering risks not covered by the “Motor Third-Party Liability Insurance”.
DEFINITIONS. In interpreting and applying these General Terms and Conditions, the terms and expressions used shall have the following meaning:
10.1. “Service/s” means the rental of motorcycles with/without additional Equipment, offered by MotoTrip through the Website and pursuant to these General Terms and Conditions and the Individual Rental Agreement signed by the Client and MotoTrip.
10.2. “MotoTrip” – MotoTrip Ltd., a limited liability company registered and existing under Bulgarian law, UIC: 205893397, represented by: Elka Angelova.
10.3. “Client” refers to any adult person who uses a Service that is the subject of these General Terms and Conditions and the Individual Rental Agreement for a Motorcycle with/without Equipment, offered through the Website (www.mototripbg.com) or the Mobile Application.
10.4. “Motorcycle/s” means a two-wheeled motor vehicle with an engine, provided by MotoTrip through the Website for rent under the terms specified herein, which is the same as or similar to the motorcycles displayed on the Website, and with the specific characteristics given in the Individual Rental Agreement signed by the Client.
10.5. “Website” is the distinct location on the global Internet network, accessible via its uniform address (URL) under the HTTP or HTTPS protocol, displayed through a web or mobile interface, and containing files, programs, text, sound, pictures, images, hyperlinks or other materials and resources, named www.mototripbg.com. The Website is owned by MotoTrip and is used by it to provide the Services described in these General Terms and Conditions to users.
10.6. “Mobile Application” is a display of the Website installed on a mobile device with the relevant operating system. The Mobile Application is owned by MotoTrip.
10.7. “Territory” – the territory of the Republic of Bulgaria.
10.8. “Motor Third-Party Liability Insurance” – the mandatory insurance concluded by MotoTrip pursuant to Article 477 et seq. of the Insurance Code, in force in the Republic of Bulgaria.
10.9. “Advance Payment” – 30% of the Base Rental Price, payable upon making a reservation of the Motorcycle and constituting part of the Rental Price.
10.10. “GDPR” – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
10.11. “Rental Price” – the price for the rental of the Motorcycle with/without Equipment, selected through the Website for the Rental Period.
10.12. “Deposit” – a payment made upon signing of the Individual Rental Agreement, together with payment of the Rental Price due, amounting to €399. The Deposit serves as a guarantee for the due performance of the Client's obligations under these General Terms and Conditions and the Individual Rental Agreement.
10.13. “Equipment” – means equipment for riding the Motorcycle, available on the Website, such as: gloves, jacket, helmet, protective gear or other items. Renting Equipment is an option only if an Individual Rental Agreement for a Motorcycle has been signed.
10.14. “Rental Period” – the duration of the Individual Rental Agreement concluded between MotoTrip and the Client, including the period during which the Client uses the Motorcycle with MotoTrip's consent.
10.15. “Individual Rental Agreement” is a rental agreement concluded between the Client and MotoTrip, reflecting the essential elements of the agreement, together with the handover-acceptance protocols thereto.
DISPUTE RESOLUTION
11.1. Any disputes arising out of or relating to these General Terms and Conditions, if they cannot be settled amicably between MotoTrip and the Client through negotiations, shall be referred for resolution to the competent court in Sofia, with Bulgarian substantive law applying.
11.2. For matters not settled in these General Terms and Conditions relating to the performance and interpretation of the Individual Rental Agreement, the laws of the Republic of Bulgaria shall apply.
AMENDMENT OF AND ACCESS TO THE GENERAL TERMS AND CONDITIONS
12.1. When amendments are made to the General Terms and Conditions, MotoTrip shall inform users of the changes made by publishing them on the Website.
12.2. MotoTrip and the Client agree that any supplement or amendment to these General Terms and Conditions shall take effect with respect to Clients using specific Services as of the date the changes are announced. Unless the relevant Client states in writing by email, within 7 days of the publication of the changes to the General Terms and Conditions, that they reject them, the changes shall be deemed binding on them.
12.3. The possible invalidity of any of the provisions of these General Terms and Conditions shall not render the remainder of the General Terms and Conditions invalid.
12.4. The Privacy Policy and the Cookie Policy form an integral part of these General Terms and Conditions, and by accepting these General Terms and Conditions, the Client expressly agrees to the other two policies as well and confirms that they are familiar with their content.