TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
MOTION CARS a rental Car company.
Notice Last Updated : January 31, 2019
1. MOTION Apps.
2. Your content
MOTION customers can take advantage of some enhanced services with our available applications. The visit, the use and the features of our MOTION booking application are subject to additional terms.
3. General Information
You rent from us the car described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs the Agreement, “we”, “our” and “us” refer to MOTION CARS. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
Any change in the Agreement or our rights must be in writing and signed by an authorized MOTION CARS officer. You further agree that we have the right to change these Terms and conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the MOTION CARS web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the MOTION CARS web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions.
Changes to the Terms and Conditions will be posted as they occur on the MOTION CARS web site at motioncars.ma/terms/ and will govern all rentals even if the terms provided at time of enrollment are different.
5. Who May Drive The Car
Who May Drive The Car. You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing and remains in good standing as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way.
We reserve the right to deny rentals based upon information about your license status, authenticity of the credential, or driving record provided by the MOTION CARS or Department of the jurisdiction that issued your license or any other reliable source in the business of validating an identity or the driver’s license credential.
We reserve the right to periodically validate your driving credentials. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car, but only with your prior permission. The other driver must be at least 25 years old and must also be a capable and validly licensed driver. There may be a charge for each additional driver authorized to drive the car, which will be specified on the rental document
6. Return of the Car
You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. You may not return the car outside of the return location’s operating hours.
If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car.
Operating hours vary by location. If we do not find the car when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us at +212 528 843 292 or an otherwise approved method to request it before your return date.
We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
7. Where You'll Return the Car
The car must be returned to the agreed return location as specified on the rental document. If return is indicated to a location other than the location where your rental commences, you may have to pay a “one way service fee.” If you return the car to a different location from the agreed return location without our permission, you agree to pay the “Unauthorized return location fee” specified by us.
8. Rental Charges
You will pay for the number of miles/kilometers you drive and the period of time you rent the car at the rate indicated on the rental document, or your applicable corporate rate. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document.
The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.
- If you present any rewards certificates or vouchers associated, you may be charged a redemption fee.
- You will also pay a reasonable fee for cleaning the car’s interior upon return for excessive stains, dirt, odor or soilage attributable to your use as determined solely by us.
- If key(s) are not returned with the car, you may be charged an additional fee.
- We maintain a non-smoking fleet, including e-cigarettes. You will pay an additional charge if you return the car and it smells of smoke.
- You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.
- To the extent you utilize any rate/benefit discount code in association with a rental, you represent you meet the requisite criteria for utilizing such discount code.
- Any other use will be viewed as an unlawful use and theft of services for which MOTION CARS can pursue legal remedies, including, but not limited to, reasonable attorneys’ fees and costs, and may void any associated discounts or rental benefits.
9. Taxes, Surcharges & Fees
You’ll also pay all applicable taxes as well as any additional charges provided on the rental documents which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
10. Card Reserve
You acknowledge that you have been informed that if you use a charge card, your credit, up to an amount of the estimated total charges due under the Agreement, as indicated on the rental document, based on your representation about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Agreement, based on your representation about this rental, as indicated on the rental document or the deposit amount indicated on signs at the location at which you rent at the time of rental.
You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
11. Repossessing the Car
We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: it is found illegally parked, being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we needn’t notify you in advance.
If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the card you used to rent the car.
12. Loss Damage Waiver (LDW)
Loss Damage Waiver (“LDW”) is not insurance and not mandatory. If you accept LDW by your initials on the rental document at the additional daily rate, for each full or partial day that the car is rented to you and the car is operated in accordance with the Agreement, we assume responsibility for the loss of or damage to the car except, if permitted by law, for lost, damaged or stolen keys or remote entry devices, towing or tire services, unless related to an accident, or recovery of the car if stolen and except for your amount of “responsibility”, if any, specified on the rental document.
Partial Loss Damage Waiver (“PDW”) is available only where permitted by law. If you accept PDW at the indicated daily rate, and the car is operated in accordance with the Agreement, we assume all loss or damage to the car up to the amount as specified on the rental document and you accept responsibility for all other loss or damage. If you do not accept either LDW or PDW, you owe for all loss or damage to the car. Loss and damage are described below.
You acknowledge you have been advised that your own insurance may cover loss or damage to the car. You also acknowledge reading the notice on loss damage shown on the rental document, or in these Terms and Conditions, or in a separate notice form.
13. Damage to/Loss of the Car
If you do not accept a Loss Damage Waiver, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 14 (Prohibited Use of the Car), or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it.
If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds.
If the car is stolen and not recovered you will pay the car’s fair market value before it was stolen. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires and antenna, as part of your rental charges at the time of return.
If the car is stolen and not recovered you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”).
If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign all of your benefits directly to us to recover all consequential and incidental damages including, but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees.
If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different than the terms of this Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails.
You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.
14. Prohibited Use of the Car
Certain uses of the car and other things you or a driver may do, or fail to do, will violate the Agreement and, in addition to anything else may cause us to cancel your enrollment.
A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY, PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT AND EFFECTS INSURANCES, EXTENDED ROADSIDE ASSISTANCE, EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
It is a violation of this paragraph if:
1) You use or permit the car to be used:
- by anyone other than an authorized driver, as defined in paragraph 5 (Who May Drive The Car);
- to carry passengers or property for hire;
- to tow or push anything;
- to be operated in a test, race or contest, or on unpaved roads;
- while the driver is under the influence of alcohol and/or a controlled substance and/or otherwise impaired;
- for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substance or contraband, or illegal devices;
- recklessly or while overloaded;
- if the car is driven into Mexico without our expressed permission.
2) You or an additional driver, authorized or not :
- fail to promptly report any damage to or loss of the car when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation;
- where required by law, failed to report an accident to law enforcement;
- obtained the car through fraud or misrepresentation;
- leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized;
- intentionally or with willful disregard cause or allow damage to the car,
- return the car after hours and the car is damaged, stolen or vandalized or otherwise failed to take reasonable steps to secure the car, its keys or other remote entry and starting devices.
3) Driving or operating this car while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of this contract.
15. Fuel Service Charge
Most rentals come with a full tank of fuel, but that is not always the case.
- Where available, if permitted by law, if you drive less than 75 miles, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the rental document and at the counter prior to rental. You may avoid this charge at time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges.
If this subparagraph (a) does not apply, there are three refueling options:
– If you do not accept the fuel service option, where available, at the beginning of your rental, and you return the car with less fuel than was in it when you received it, we will charge you a fuel service charge at the applicable rate permile or per-litre rate specified on rental documentation or disclosed at the location.
– If you accept the fuel service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. The cost of refueling the car yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel.
– You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
16. Fines, Expenses, Costs and Administrative Fees
You’ll pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of the Agreement, such as for repossessing or recovering the car for any reason.
You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee.
You agree and acknowledge that we cooperate with all administrative, provincial, municipal, transport minister, national security and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
17. Roadside Assistance
Roadside assistance is available to all renters. In some instances, you may purchase added protection under FULL OPTION to cover potential costs associated with lost keys, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), jump starts emergency fuel delivery.
If you do not purchase the FULL OPTION in advance, you may incur added costs for providing the above referenced services. When paying in advance for FULL OPTION, you pay nothing everything is included in the offer.
18. Reservation cancellation
MOTION CARS reserves the right to cancel the booking before payment or after payment, unilaterally. MOTION CARS or its agents are the only ones having this abilitess of cancellation, for reasons of security or order administrative management or suspicious behavior or other judged by our agent.
If the customer does not pay in advance the booking, the agency will not refund the customer following the cancellation for any reason. In case of payment in advance, the agency will refund the customer by bank transfer to leave a trace in case of recourse to justice.
The customer has the right to cancel the reservation too with free of charge, however the cancellation of the reservation after payment is not free, the refund amount is set at a minimum of 10% of the amount of the transaction, this amount represents the service charge cancellation and refund processing. The repayment deadline is set at least 15 business days for local transactions, for international 30 days.
19. Cross Border notices
Cross Border is not allowed. Vehicles may be driven within MOROCCO only.
The following credit cards are accepted: Master/ Euro card, VISA, Diners, AMEX, etc. A valid credit card in the name of the renter must be presented as guarantee for the rental. The amount of “Non waivable excess” and car rental amount will be blocked on the credit card during the rental.
Electron cards (Visa Electron), Debit cards and cash are not accepted
21. The price does NOT include
- Winter Tires (Mandatory extras from 15th of November till 15th of March)
- Additional driver
- Domestic one way rentals are free of charge between following locations (only inside the city): Down town, Bus station, Hotels, Marina, Train station.
- WiFi Router
- Out of Hours for pick up / drop off before / after working hours
- Baby seat (0-13kg) is available on request
- Child seat (9-25kg) is available on request
- Booster seat (20+kg) is available on request
- Windsurf board holder or Ski-Rack is available on request
- Snow chains are available on request
- GPS Device is available on request
- Refueling fee
- Reflective jackets
- Delivery collections – please provide terms and charges if applicable.
the delivery conditions are simple, be informed 1 hours before delivery to prepare vehicle (car cleaning, driving time and drivers).
The price is depend to the place only if outside the city.
All extras are including ( 20%) VAT and are payable locally.