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This agreement (hereinafter referred to as the “Agreement”) is entered into between:
On the one hand
INSIDERS LTD and the Client are hereinafter collectively referred to as the “Parties” and individually referred to as a “Party”.
Recitals:
(i) INSIDERS LTD is a company which provides services related to specific vehicles such as sidecars and vintage cars in different areas including the Morocco (hereinafter referred to as the “Service”).
(ii) The Client has agreed to use the Services provided by INSIDERS LTD, and INSIDERS LTD has agreed to provide such Services, as defined in this Agreement. It is therefore hereby agreed as follows:
1.1 INSIDERS LTD will provide the Client with vehicle rental with assistance.
1.2 Services in sidecar(s) will be provided exclusively to any person above the age of 17 years old and able to ride sidecars, to the appreciation of the driver. For children of an age from 12 years old and below 17 years old, one person of at least 17 years old shall be on board on the vehicle. For children below 12 years old, one person of at least 17 years old shall seat in the sidecar attached to the motorbike with him/her.
1.3 All Services and offers by INSIDERS LTD shall be exclusively based on the terms and conditions set forth in this Agreement, which supersedes any other document or agreement between the Parties.
2.1 The Client undertakes to pay to INSIDERS LTD the service fee of a net amount indicated in the other parts of this website
2.2 It is understood that the Service Fee is calculated on the basis of the actual number of beneficiaries of the Services, subject to the stipulations of Article 3. If more beneficiaries than initially agreed show up, INSIDERS LTD will be able to accept or to refuse to provide Services to additional beneficiaries based on available vehicles. If less beneficiaries than initially agreed between the Parties in the Appendix shows up, the cancellation policy described in Article 3 shall apply.
2.3 Payments of the Service Fee are due at the date of invoice.
In case of late payment, the Parties agree that INSIDERS LTD will be entitled to charge additional late payment interest at the daily rate of 1% of the full amount of the Service Fee.
2.4 The Service Fee exclusively includes:
(i) The vehicle fee;
(ii) The fuel fee;
(iii) The driver’s remuneration;
(iv) The parking fee; In case of airport pick-up, a waiting time of one hour as from the pick-up agreed in writing. If exceeded, each supplementary hour will be invoiced. Each hour started will be charged in full.
2.5 The Service Fee excludes any tax. The Service Fee also excludes any cost and expense which has not been indicated above in Article 2.3, and for example:
(i) Tolls fee;
(ii) Site entrance or access fee.
Any other cost and expenses will be charges separately by INSIDERS LTD to the Client.
3.1 In the event of cancellation by the Client of the booking of the Services, INSIDERS LTD will refund the related Service Fee actually paid in the amount of:
3.1.1 90% of the Service Fee if INSIDERS LTD receives the cancellation in writing at least 5 weeks prior to the date of the Service.
3.1.2 50% of the Service Fee if INSIDERS LTD receives the cancellation in writing to INSIDERS LTD at least 48 hours prior to the date of the Service.
3.1.3 The Client will not be entitled to any refund if INSIDERS LTD receives the cancellation less than 48 hours before meeting time. In case of “no show” after 1 hour from agreed meeting time, the Client shall be deemed as having canceled the Services.
3.1.4 If the Service is cancelled from the Client due to heavy rain, even without any notice, INSIDERS LTD shall refund 80% of the Service Fee to the Client unless otherwise agreed in writing between the Parties.
3.2 If INSIDERS LTD does not provide the Service for any reason whatsoever due to INSIDERS LTD, the Client will exclusively be entitled to claim for the refund of the Service Fee which has already been paid to INSIDERS LTD by such Client.
4.1 Passengers shall abide by the rules which are locally applicable and shall comply with all instructions of the driver. The driver may decide to suspend or stop the provisions of Services if the behavior of the passenger is not deemed as acceptable by the driver.
4.2 Bringing food and drinks in the vehicles as well as consuming foods and drinks in the vehicles are subject to approval from the driver on a case by case basis.
4.3 Except in case of willfulness and gross negligence, INSIDERS LTD shall not be held liable of any liability or damages caused to the Client.
4.4 As the case may be, liability for any damage caused by the willful and gross negligence of INSIDERS LTD, as the case may be, shall be limited to the Service Fee actually paid for the Client or the individual beneficiary designated by the Client which suffers the damage.
4.5 For display Services, the Client shall bear any liability for any damage caused to the vehicle(s) and by the vehicle(s) provided by INSIDERS LTD for the whole duration of the display, (i) starting from the delivery of the vehicle and (ii) ending on the return of the vehicle to INSIDERS LTD and signing by INSIDERS LTD of a restitution notice without reserve.
5.1 This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
