Terms And Conditions

Please read carefully the Terms and Conditions contained in this document because the conclusion of the Rental Agreement with MOTO NAJAM d.o.o.  means your acceptance of the Terms and Conditions contained in this document.

The Rental Agreement for motorcycles and / or motorcycles (hereinafter referred to as the Rental Agreement) is signed between MOTO NAJAM d.o.o. (the Provider) and a person leasing a motorcycle and / or motorcycle equipment (hereinafter referred to as the Renter). By signing a Rental Agreement, the Renter accepts the Terms and Conditions of the Provider.

GENERAL CONDITIONS

Definition of Terms

1.1. MOTO NAJAM d.o.o – designates the Provider,  MOTO NAJAM d.o.o. “, Ulica Smiljanićeva 2, 21000 Split

1.2. MOTORCYCLE – means a motorcycle that the Renter has chosen and is the object of the Rental Agreement.

1.3. UNLAWFUL PASSENGER / USER – any person other than the Rental Agreement listed as an authorized user of the vehicle, as well as a person who does not meet the prescribed conditions for the management of the required class and vehicle category or its authorization / driving license withdrawn, or is under a ban on driving and / or legal sanctions.

1.4. RENTAL AGREEMENT – means an individual agreement signed when renting a vehicle.

1.5. START OF THE RENT- means the date and time of the vehicle pick up from the, i.e. when the Renter is obliged to pick up the motorcycle.

1.6. END OF THE RENT – means the date and time of returning the motorcycle to MOTO NAJAM d.o.o or the time the Renter is obliged to return the motorcycle

1.7. VALID CREDIT CARD – Indicates a credit card of a particular issuer and provider and MOTO NAJAM d.o.o has to have a valid contract with that bank institution for its processing and debit

1.8. TRACK DAY – Indicates a certain day or days when non-professional drivers are enabled to access a categorized race track or event organization by the track manager.

1.9. SELF-GUIDED TOUR – means a package deal that, in addition to motorcycle rental, includes: a detailed road map with the tour drawn on it, a compass, a guided tour with detailed descriptions of directions, roads, locations and restaurant and accommodation recommendations, disc lock, tire repair spray, assistance, briefing on the tour, 24-hour phone assistance, the possibility of luggage accommodation in MOTO NAJAM d.o.o premises, that Renter do not want to take on the tour.

Terms of Rental

2.1 The terms and conditions for concluding a rent and use of motorcycles are that the Renter:

is at least 21 years old;

has a valid driving license for the motorcycle of the appropriate category, for at least 2 years;

has a valid credit card accepted by MOTO NAJAM d.o.o, which will also guarantee for the obligations arising from the lease and related to the rental of motorcycles and / or motorcycles, in accordance with these Terms and the Rental Agreement.

2.2. When renting a motorcycle and / or motorcycle rental equipment, and as a condition to pick up the rented motorcycle, the Renter must present to MOTO NAJAM d.o.o the original valid documents (ID card, driving license) to prove that he meets the above mentioned conditions for driving a motorcycle. MOTO NAJAM d.o.o will keep copies of the relevant documents for its own needs.

Booking and Conclusion of the Rental Agreement

3.1. The “Booking” of a motorcycle rental is a record in the records of MOTO NAJAM d.o.o that the Renter, under his name, surname and other data (which will be requested by the Provider on that occasion) expresses the wish and intention to rent a certain motorcycle from MOTO NAJAM d.o.o at a certain time and date (time and date of the motorcycle pick-up) and to return the motorcycle to MOTO NAJAM d.o.o at specified time and date (time and date of the motorcycle return). The time of picking up and returning the motorcycle is always expressed in local time, i.e. the time of the location of MOTO NAJAM d.o.o (Central European Time (CET)).

3.2. During the booking of motorcycle and / or motorcycle equipment rental, the Renter has the obligation to pay the Provider 30% of the total rental value. In case of cancellation of a booking, in the period of 15 days or longer prior to the start of the rental, the refund will be reduced by 50%. In case of cancellation of a booking in the period of 14 or less days prior to the start of the rental, the deposit will not be returned to the Renter.

3.3. In the event that after the conclusion of the Rental Agreement, the Renter cannot, for some reason, take over the motorcycle and / or motorcycle equipment at the arranged time, that right may be acquired subsequently within the term of the Rental Agreement. In this case, the Renter is not entitled to a refund of part of the rental amount relating to the unused rental period.

3.4. MOTO NAJAM d.o.o reserves the right to correct the price at which the Provider must notify the Renter in writing prior to the conclusion of the Rental Agreement.

Responsibilities of the Renter

4.1. By signing the Rental Agreement, the Renter agrees that they are fully responsible for:

their security,

safety of the passenger on the rented motorcycle,

safety of the rented motorcycle and / or motorcycle equipment,

the security of personal property and the property of the passenger.

4.2. By signing the Rental Agreement, the Renter agrees that MOTO NAJAM d.o.o is not responsible for the safety of the Renter and may not be legally charged in case of an accident that may result in injuries or death of the Renter, the passenger or any other damage done to the property of the Provider.

4.3. By signing the Rental Agreement, the Renter agrees that MOTO NAJAM d.o.o is not responsible for any damage caused to third parties due to the activity of the Renter.

4.4. By signing the Rental Agreement, the Renter agrees that MOTO NAJAM d.o.o is not responsible for any material damage to the Renter arising from the stealing of his personal belongings by the third party during the period of the motorcycle rental period. MOTO NAJAM d.o.o recommends that the Renter does not leave personal valuable things and documents on the motorcycle or in the motorcycle luggage compartment when not under supervision. By signing the Rental Agreement, the Renter expressly waives all claims against MOTO NAJAM d.o.o for such losses or damages.

4.5. By signing the Rental Agreement, the Renter agrees that it must comply with all traffic regulations and limitations during the driving of the rented motorcycle and will be held liable for any traffic tickets and fines received during the rental. MOTO NAJAM d.o.o reserves the right  to retroactively claim the amount of the fine imposed together with the incurred costs and interest for traffic offenses committed by the Renter during the rent.

4.6. The Renter agrees that photographs and video footage recorded during the Rental Agreement including, inter alia, the rented motorcycle and / or motorcycle equipment may be used for marketing purposes by the MOTO NAJAM d.o.o without any additional fee paid to the Renter.

4.7. The Renter undertakes not to allow an unauthorized user / driver to operate the motorcycle and assumes responsibility for any damage caused by unauthorized users / drivers.

4.8. The Renter is obliged to meet the legal requirements for operating the motorcycle category and to possess the necessary authorization / driving license, as well as to fulfill the conditions prescribed by these General Terms and Conditions.

 Picking up and returning the motorcycle

5.1. All the MOTO NAJAM d.o.o motorcycles are covered by a basic bike insurance and advance insurance by an insurance company.

5.2. Before picking up a motorcycle, the Renter is required to give a deposit by credit card(the amount depends on the rented motorcycle model). 

5.3. When picking up a motorcycle, a record will be made, which will enlist: visible damage to the motorcycle, number of kilometers traveled and fuel quantity. The record is an integral part of the Rental Agreement.

5.4. Prior to taking the motorcycle, a physical inspection of motorcycles and / or motorcycle equipment will be carried out to determine if there are visible physical damages. In the event that they exist, a record will be made that the Renter would not be charged for the damages in question.

5.5. When returning a motorcycle and / or motorcycle equipment, a physical examination will be made. If the motorcycle and / or motorcycle equipment is not damaged, the full amount of deposit will be returned to the Renter.

5.6. In case of damage to the motorcycle and / or motorcycle equipment caused by intention, negligence or improper handling by the Renter, the refund will be deducted for the equivalent of the damage (including the work of the Authorized Service).

5.7. In case that the Renter does not deliver the motorcycle until the expiry of the agreed rental time without prior notice to MOTO NAJAM d.o.o, the Renter will be refunded in return for one (1) day of rent of the relevant motorcycle according to the valid Price List.

5.8. In case that the Renter wishes to extend the duration of the Rental Agreement and the mentioned motorcycle and / or motorcycle equipment is not already under the third party reservation, the extension thereof will be made.

5.9. In case that the Renter returns a motorcycle before expiry of the lease, MOTO NAJAM d.o.o reserves the right to charge the rental until the agreed expiry of the lease under the Rental Agreement.

5.10. If due to unforeseeable circumstances (such as damage or damage to the motorcycle) MOTO NAJAM d.o.o is unable to rent a reserved motorcycle, the Renter will be either offered a replacement motorcycle or another booking period when the reserved motorcycle is available.

5.11. If, in this case, the Renter cannot accept the second/alternative booking offer, the deposit will be fully refunded.

5.12. In case of inconveniences and / or circumstances which are dangerous for driving a motorcycle (heavy rain, storm wind), MOTO NAJAM d.o.o will not rent a Motorcycle to the Renter and will not refund the deposit paid by the Renter, in the process of booking motorcycles and / or motorbike equipment. In that case, MOTO NAJAM d.o.o will endeavour to offer the Renter another suitable booking period, depending on available motorcycles and / or motorcycle equipment.

 Using the motorcycle

6.1. The Renter agrees that:

the motorcycle must be returned to the place and within the time specified in the Rental Agreement, in condition with the equipment and the amount of fuel it has been taken, or earlier at the MOTO NAJAM d.o.o request; the extension of the agreed lease duration the must be requested at least 24 hours before the expiry of the rental period, otherwise it is considered that the Renter has unlawfully claimed the motorcycle;

they will not overload the drive unit, suspension and mechanical motorcycle assemblies;

that the motorcycle will only be used by the driver specified in the Rental Agreement for their own needs and in accordance with the purpose of the motorcycle;

the motorcycle will not be used for unauthorized users and third parties;

the motorcycle will be used correctly and in accordance with its Terms and Conditions in accordance with its purpose;

the motorcycle, when leaving it, will always be locked and the keys and documentation of the motorcycle always under their personal control;

they will not drive under the influence of alcohol or narcotics, also respecting all traffic and road regulations;

they will ensure the technical validity of the motorcycle during the rental period, i.e. to regularly check the engine temperature and the information shown on the motorcycle control panel, tire pressure, etc;

they will not make any modifications to the motorcycle;

they will cover all costs of fuel, road and bridge toll, parking, road misdemeanour and other similar charges;

that the motorcycle will not transport or permit the carriage of more than one passenger or baggage from the maximum permissible carrying capacity of the motorcycle specified in the motorcycle license;

that the motorcycles will not be driven outside EU borders and Federation of Bosnia and Herzegovina and Republics of Monte Negro, Serbia and North Macedonia;

that will not be authorized to assume any liability in the name of MOTO NAJAM d.o.o regarding the motorcycle and its use.

6.2. The Renter will receive the motorcycle with the maximum fuel quantity in the tank, according to the manufacturer’s instructions and is obliged to return the MOTO NAJAM d.o.o motorcycle with the equivalent amount of fuel in the tank. Otherwise, MOTO NAJAM d.o.o has the right to repay the reduced amount of the deposit to the Renter, to the equivalent of the difference in fuel which is missing in accordance with the market prices of the petrol products on the date of delivery of the motorcycle to the MOTO NAJAM d.o.o.

Damage, malfunction, traffic accident, motorcycle theft / disappearance and loss of documentation

7.1. If, during the lease period, a motorcycle has failure or damage that could jeopardize driving safety, the Renter, before taking any further steps, is obliged to notify MOTO NAJAM d.o.o in order to receive instructions by telephone, for further handling. If the event can not be considered as a consequence of negligence or incorrect treatment of the motorcycle by the Renter, and the motorcycle is no longer in the operational mode, the MOTO NAJAM d.o.o will provide motorcycle transportation to service or to its own official premises. If it is subsequently found that the concerned failure or damage was caused by negligence and guilt of the Renter, the cost of service and motorcycle transportation will be charged to the Renter.

7.2. If the motorcycle participated in a car accident and was damaged, broken or required repair or rescue, regardless of cause, the Renter must stop the motorcycle without delay, immediately notify MOTO NAJAM d.o.o and the police about the incident and request a record of the incident, fill in the European accident report, and ensure the motorcycle of decay and even more damage.

7.3. Especially in the case of a traffic accident or theft / motorcycle failure, collision with an animal, fire or motorcycle ignition or motorcycle explosion, the Renter is obliged to call the police and request a log of the event. The location of the traffic accident must be photographed and to preserve the maximum of the evidence, collect personal information of the persons involved in the traffic accident and complete the European accident report.

7.4. The registration fee and the re-production of the lost motorcycle documentation as well as lost key will be charged to the Renter according to the valid Price List.

7.5. MOTO NAJAM d.o.o does not respond to damages that may arise to the driver or passenger or third parties and their property.

7.6 If a flat tire occurs depending on the insurance coverage the flat tire can be fixed on customer expense or MOTO NAJAM d.o.o expense.

Prohibitions and Limitations

8.1. The Renter is strictly forbidden to allow another person who has not made the Rental Agreement with the MOTO NAJAM d.o.o to drive or otherwise use the motorcycle.

8.2. It is strictly forbidden to use the motorcycle for advertising or commercial purposes, for driver training, in any race, racing or participation in track day events and in the commission of any illegal work.

8.3. It is strictly forbidden to use the rented motorbike for off-road driving except for pre-checked gravel roads within the MOTO NAJAM d.o.o self-guided tour.

8.4. It is strictly forbidden that the Renter gives further lease, hire or sale or in any other way disprove the proprietary rights of MOTO NAJAM d.o.o.

Cancellation of the Rental Agreement

9.1. In the event of a serious and / or repeated violation of the Rental Agreement, MOTO NAJAM d.o.o reserves the right at any time to terminate the Rental Agreement. In this case, the Renter is obliged to submit the motorcycle back to MOTO NAJAM d.o.o immediately (before the expiry of the rental period). Serious breaches of the Rental Agreement include, inter alia, the falsity of the Personal Data of the Renter as well as his financial capacity in relation to the execution of the Agreement in question. In case of early termination of the Rental Agreement, MOTO NAJAM d.o.o reserves the right to compensation for any damage to motorcycles and / or motorcycle equipment.

9.2. Termination of the Rental Agreement according to Provision 9.1. does not prejudice the other rights of MOTO NAJAM d.o.o under these Terms and the Rental Agreement.

 Liability of the Renter for the Damage

10.1. The Renter is liable for any damage to motorcycle and / or motorcycle equipment caused by their improper handling, and breach of these Terms and Conditions and is obliged to compensate to MOTO NAJAM d.o.o, for any damages incurred, but are not limited to:

any loss, theft, disappearance or damage of a motorcycle and its parts, accessories or equipment;

any consequential damages, losses or costs incurred by MOTO NAJAM d.o.o, including repair, rescue, costs due to the inability to rent a motorcycle, demurrage, damage, legal costs, and the like;

10.2. In the sense of the preceding paragraph, the Renter is particularly responsible for damages and losses caused by:

failure to comply with these Terms and Conditions, the Rental Agreement and the applicable regulations;

improper use of the motorcycle or through the guilt of the Renter, so the damage is done to the driving unit, the suspension and / or the mechanics of the motorcycle;

lack of engine oil, leakage or filling with the wrong type of oil or fuel, cooling agents, damage to the oil pan, clutch or any damage to the lower configuration of the motorcycle;

if such damage is caused by another person who has not made the Rental Agreement with MOTO NAJAM d.o.o.

10.3. The Renter shall also be liable for all other damages incurred as a result of non-compliance with these Terms and Conditions of Lease and Regulations.

Personal Information

11.1. In the process of concluding the Rental Agreement and execution of the Motorcycle Rental Agreement, MOTO NAJAM d.o.o processes certain Personal Data of the Renter in order to conclude and execute the Rental Agreement.

11.2. The Renter agrees to provide MOTO NAJAM d.o.o with their personal data (name, surname, address, driving license, passport, etc.) through the motorcycle booking process and the Rental Agreement. The rental will not be possible without personal data.

11.3. Information on the processing of personal data and the rights of the Renter regarding these data are published in the “Privacy Statement” available on the MOTO NAJAM d.o.o website.

The jurisdiction of the Court and the Applicable Law

12.1. MOTO NAJAM d.o.o aims to resolve all disputes in a peaceful way. These Terms are in accordance with the laws of the Republic of Croatia and all outstanding disputes arising out of or in connection with these Terms and Conditions of the Rental Agreement are subject to the exclusive jurisdiction of the Croatian courts according to the registered seat of MOTO NAJAM d.o.o.

12.2. For all that is not regulated by these Terms or the Rental Agreement, Croatian law will be applied.

 13. Final Provisions

13.1. The provisions of these Terms are subject to change by the MOTO NAJAM d.o.o and the amended Terms will be published on the MOTO NAJAM d.o.o website, and as of when they will come into effect, unless otherwise stated.

13.2. MOTO NAJAM d.o.o must provide the Renter, upon picking up a motorcycle to rent, a copy of the Rental Agreement which must be kept in the motorcycle during the rental period and upon request to the police or other authorized persons.

Applicable since 1/6/2023.