Terms and rates

This agreement governs the self-drive rental of electric motorbikes provided by FlaminGo!, trading name of Alexandre Morais, holder of foreign resident ID (NIE) X238084D, domiciled at Avenida del Guadiana 80, 21400 Ayamonte (Huelva, Spain), hereinafter "the Lessor" or "FlaminGo!". Contact: +34 655 397 530 · flamingoguadiana@gmail.com · flamingoguadiana.com

• Lessee / User: the individual who signs this agreement, rents the Motorbike and is its sole authorised rider.
• Motorbike: electric vehicle, category L3e, model Silence S02 (125cc equivalent), identified by its licence plate and frame number on the Handover Agreement.
• Battery: the Motorbike's removable battery, a high-value component that forms part of the rented item.
• Handover Agreement: the individual document accompanying these Terms (a separate template), recording the User's details, the licence plate, the dates, the rate and any extras contracted, the pick-up and drop-off point and time, the deposit, the applicable excess and the condition of the vehicle.

To rent and ride the Motorbike, the User must meet the following, at handover and throughout the rental:

• Be at least 18 years old.
• Hold a valid, current driving licence suitable for category L3e / 125cc: licence A1, A2 or A; or a category B licence held for a minimum of 3 years (valid in Spain to drive vehicles up to 125cc / equivalent). Provisional, blank, suspended, withdrawn or reported-lost licences are not accepted.
• Foreign drivers: a valid EU/EEA licence; for non-EU licences, an International Driving Permit and/or an official translation may be required.
• Present a valid ID document (national ID, NIE or passport) and a credit/debit card in their own name for the deposit.
• Provide the additional details (address, phone number, date and place of birth, driving licence number and issue date) that FlaminGo! is legally required to collect and report to the Spanish State Secretariat for Security — see clause 15.

FlaminGo! will keep a copy of the ID/NIE/passport and driving licence solely for the purposes of this agreement and in accordance with the data protection clause. FlaminGo! may refuse handover if these requirements are not met, if the payment card is declined, or if it suspects fraud, impersonation, or that the User is unfit to ride.

• The rental price and, where applicable, any extras contracted (zero-excess cover, additional driver) are paid in advance at the applicable rate (see clause 5).
• At handover, the User leaves a deposit / pre-authorisation of €300 per motorbike, blocked on a card or given as a cash deposit.
• The deposit covers: insurance excess, uncovered damage, parts, cleaning, fuel/charging, penalties, fines, and any amount owed under this agreement.
• The deposit is refunded in full after return if the Motorbike is handed back in the agreed condition and within the agreed time, with no damage or outstanding charges. If there is damage, FlaminGo! will deduct the actual cost (up to the deposit limit) and, if the damage exceeds it, will claim the difference — this applies in particular to the battery, whose replacement cost exceeds the deposit (see Annex).

• The rental period is counted from the handover time to the agreed return time.
• Any extension must be requested and confirmed by FlaminGo! before the end of the rental.
• An unauthorised late return incurs the penalty set out in clause 12.

• The Motorbike is handed over clean, checked over, with the battery charged, and with the agreed equipment: 2 approved helmets and a top box. The User must check its condition at handover.
• At handover, a condition inventory is signed with photographs (bodywork, wheels, helmets, top box, battery level). These photos are the reference for assessing any damage at return.
• The User will return the Motorbike at the agreed place, date and time (single pick-up/drop-off point in Ayamonte), in the same condition, clean, and with all documentation and accessories complete.
• The battery must be returned with sufficient charge (minimum 15%) or the recharging fee set out in clause 12 will apply.

• The Motorbike is for personal, non-transferable use: only the User who signs this agreement may ride it. It may not be assigned, sub-let or lent to third parties, even if they hold a valid licence.
• Use must comply with the Spanish Traffic Code and local municipal regulations (Spain). See clause 8 on the prohibition on riding outside Spain.
• A helmet is mandatory for the rider and any passenger. One (1) passenger is permitted only if authorised by the vehicle's technical specifications. The approved maximum load must not be exceeded.
• Range and battery: before each journey the User must check that there is enough charge for the round trip. It is the User's responsibility not to run out of battery away from the pick-up area; rescue due to a flat battery is charged under clause 12. The removable battery is a high-value component: it must not be left unattended or charging in a public place without supervision; its loss, theft or damage is charged in accordance with the Annex.
• Do not tamper with, force, or attempt to repair the Motorbike. If any warning light or fault appears, stop and notify FlaminGo!.
• The vehicle's documentation must remain on the Motorbike at all times.

The following are expressly prohibited and constitute a serious breach of this agreement:

• Riding under the influence of alcohol, drugs or any substance impairing the ability to ride.
• Allowing an unauthorised third party to ride the Motorbike.
• Paid transport of people or goods; professional delivery work.
• Taking part in competitions, races or endurance trials; reckless riding.
• Riding on beaches, dunes, protected natural areas or outside roads suitable for the vehicle.
• Towing or pushing other vehicles or objects.
• Transporting animals, or dangerous, flammable or illegal goods.
• Exceeding the number of occupants or the maximum load authorised in the technical specifications.
• Taking the Motorbike outside Spain — see clause 8.

• The Motorbike carries the compulsory motor insurance required by law. The coverage and applicable excess are stated on the Handover Agreement. FlaminGo! will only rent out a Motorbike whose policy is active and confirmed at the time of handover.
• The User is liable for damage caused to the Motorbike during the rental up to the amount of the excess and, for anything not covered by insurance, for its actual cost in accordance with the Annex — Damage Schedule.
• Theft or vandalism: the User must notify FlaminGo! immediately, file a police report within 24 hours and hand over a copy. Failure to file a report makes the User liable for the value of the vehicle or battery.
• Loss of keys, helmets, top box or battery is charged in accordance with the Annex.

• In the event of an accident (with or without third parties) or breakdown, the User must notify FlaminGo! immediately, not leave the scene until the necessary checks have been made, and complete and submit the accident report within 48 hours at the latest.
• The User must collect the other party's details (if any), photographs and, where applicable, a police report.
• Failure to report the accident or to cooperate with the insurer will result in the penalty set out in clause 12 and liability for any resulting losses.

Fines and penalties: the User is liable for any traffic or parking offence committed during the rental. FlaminGo! will identify the User to the relevant authority and pass on the fine plus a processing fee.

The User is responsible for the Motorbike and its use throughout the rental. FlaminGo! is not liable for damage suffered by the User or third parties due to improper use of the vehicle, nor for personal belongings left in the top box. FlaminGo!'s liability is limited to what is directly attributable to its wilful misconduct or gross negligence, and never extends to cases of force majeure.

• Cancellation more than 48 hours before the handover time: 100% refund of amounts paid.
• Cancellation between 48 and 24 hours before: 50% refund.
• Cancellation less than 24 hours before, or a no-show without notice: non-refundable.
• If FlaminGo! cancels for its own reasons (breakdown, fleet unavailability), the User receives a full refund or, if preferred, an equivalent replacement rental.
• For distance contracts, the statutory right of withdrawal does not apply to rental services already provided (rentals already enjoyed).

The User's data is processed in accordance with the GDPR and Spanish Organic Law 3/2018 (LOPDGDD), for the purposes of managing the rental, the deposit, claims, fines and legal obligations. Data controller: FlaminGo! (NIE X238084D). The User may exercise their rights of access, rectification, erasure, objection, restriction and portability at flamingoguadiana@gmail.com. Further information is available in the Privacy Policy at flamingoguadiana.com.

Geolocation: the Motorbike may include a location device (GPS) for safety and anti-theft purposes. This data is processed in accordance with the same principles as this clause and is not used for any purpose other than vehicle security and rental management.

This agreement is governed by Spanish law. For any dispute, and without prejudice to the User's rights as a consumer, the parties submit to the Courts of Huelva (Spain).

The User declares that they have read and understood these General Terms and their Annex, and accepts them in full by signing the Handover Agreement, which incorporates them by reference.

FlaminGo! reserves the right to invoice for any other parts needed for repair that are not listed in this table, at their verified actual cost.