Allgemeine Geschäftsbedingungen der Motorradlagerung in Englisch
Adventure Greece (AdvGreece), Tel.: +0030 6944 968027, Address: MARATHONOS AVENUE 24TH KM, Mail: firstname.lastname@example.org
2.Contract with Adventure Greece
With your signature, you accept these terms and conditions as part of the binding contract between Adventure Greece and you, the vehicle owner. Adventure Greece cannot accept any vehicle without a signed storage contract.
3.Storage of motor vehicles
(a) Adventure Greece is authorised to collect the motor vehicle from the designated pick-up area and move the motor vehicle to the storage area.
(b) Adventure Greece will return the motor vehicle from the storage area to the designated drop-off area at the end of the storage period.
(c) Adventure Greece will perform any other services as the parties agree.
4.Payment for Motor Vehicle Storage
4.1 The vehicle owner must pay for the vehicle storage at the rate current at the commencement of the storage period. 4.2 Payment by the vehicle owner for the storage period is due upon Adventure Greece taking possession of the motor vehicle. 4.3 The vehicle owner must pay Adventure Greece charges for any other services performed by Adventure Greece and any storage in excess of the storage period at the rate set by Adventure Greece.
4.4 The vehicle owner must pay all legal costs incurred by Adventure Greece in enforcing (or attempting to enforce) this agreement including recovering payment of any money due under this agreement and costs of exercising the rights granted by clause 5.
4.5 If the vehicle owner defaults on their payment, Adventure Greece has the authority to debit the vehicle owner’s credit card and to put through transactions without the owner of the vehicle being present. Including but not limited to: any outstanding amounts owing for storage and any other service fees incurred before, during or after storage.
5.1 The vehicle owner grants Lien a lien over the motor vehicle for all charges pursuant to the agreement including any expenses incurred by Adventure Greece pursuant to clause 5.2(b). 5.2 If any amount payable under this agreement remains unpaid for 60 days after due date for payment then:
(a) Adventure Greece may as the vehicle owner’s agent sell the vehicle in such manner and terms Adventure Greece in its absolute discretion decides.
(b) Adventure Greece may deduct from the sale proceeds of the motor vehicle all unpaid storage fees, sale costs, legal costs, charges and other money payable by the vehicle owner to Adventure Greece arising out of the storage of the motor vehicle whether pursuant to this agreement or otherwise together with any amount necessary to clear any encumbrance effecting the motor vehicle in favour of a third party.
(c) Any remaining surplus of the sale proceeds, after Adventure Greece makes any deduction under paragraph (b) of this clause, shall be sent by Adventure Greece to the vehicle owner. If the vehicle owner cannot, after reasonable endeavours, be located, the vehicle owner hereby irrevocably authorises Adventure Greece to donate the surplus sale proceeds to a charity of Adventure Greece’s choice.
Unless prior written agreement is reached with Adventure Greece, if a motor vehicle remains at the storage area for a period in excess of 60 days after the expiration of the storage period then the motor vehicle will be deemed abandoned and the vehicle owner authorises Adventure Greece to deal with the motor vehicle in any manner that Adventure Greece deems fit, including but not limited to moving the motor vehicle to other premises or disposing of the motor vehicle.
7.1 The vehicle owner warrants and represents to Adventure Greece that at the date of this agreement:
(a) The vehicle owner has legal title to the motor vehicle.
(b) The motor vehicle is free from all encumbrances, claims or liens.
(c) The vehicle owner is not bankrupt nor has any receiver been appointed over or in respect of any of the vehicle owner’s assets.
(d) The vehicle owner has not agreed to sell the motor vehicle.
7.2 If any act, matter or thing occurs or becomes known to the vehicle owner that is inconsistent with the warranties and representations contained in this clause, the vehicle owner must immediately give Adventure Greece written notice of that act.
8.Acknowledgement, Risk and Indemnities
8.1 The vehicle owner acknowledges that the motor vehicle is in the condition as described in the storage contract at the time that Adventure Greece collects the motor vehicle.
8.2 The vehicle owner uses the services of Adventure Greece (including the storage of the motor vehicle) at own risk and in particular, the risk in the motor vehicle remains with the vehicle owner.
8.3 The vehicle owner releases Adventure Greece from any liability, action or demand due to any damage, loss (including consequential), injury or death occurring on or near the motor vehicle or in or near the storage area arising from any cause whatsoever.
8.4 The vehicle owner indemnifies Adventure Greece and agents from and against all claims, demands, actions, loss, costs and expenses brought or made against or suffered or incurred by Adventure Greece arising directly or indirectly out of:
(a) The actions, omissions or negligence of the vehicle owner and the vehicle owner’s agents (including any contractor employed by the vehicle owner).
(b) Any other cause other than the sole negligence of Adventure Greece and agents.
Any claims made by the vehicle owner with respect to the condition of the motor vehicle after the storage period must be made within one hour of Adventure Greece returning the vehicle to the vehicle owner. The vehicle owner releases and forever holds harmless Adventure Greece for any claims not notified to Adventure Greece in that time.
10.1 Adventure Greece reserves the right to impose conditions as to the time and manner of access to the motor vehicle by the vehicle owner or any person authorised by the vehicle owner and is not obliged to provide access to the motor vehicle or to permit its removal from the premises unless Adventure Greece is satisfied that the person or persons seeking access to the motor vehicle are properly authorised by the vehicle owner.
10.2 Adventure Greece shall be entitled to refuse access to the motor vehicle and to prevent its removal where the vehicle owner owes moneys to Adventure Greece or if Adventure Greece exercises its lien pursuant to clause 5.
10.3 The vehicle owner must pay Adventure Greece the applicable storage fee for any period that Adventure Greece retains possession of the motor vehicle as a consequence of the exercise of the lien referred to in clause 5 and that lien shall extend over any storage fee charged pursuant to this clause.
11.1 Adventure Greece or the vehicle owner may terminate this agreement at any time by giving the vehicle owner 1 day’s written notice.
11.2 Upon termination of this agreement (whether by termination under this clause or otherwise) the vehicle owner must immediately remove the motor vehicle from the storage area and pay all outstanding storage fees and other money payable to Adventure Greece pursuant to this agreement. For the purpose of this provision, storage fees will continue to accrue from the date of termination until the date of removal.
11.3 The expiry of this agreement (whether by termination under this clause or otherwise) shall not prejudice or effect any rights or remedies available to Adventure Greece under this agreement.
11.4 Transfer of title in the motor vehicle (whether by sales or otherwise) will not terminate this agreement and the vehicle owner remains liable under this agreement until this agreement is discharged or Adventure Greece enters an agreement with the new vehicle owner.
The vehicle owner:
(a) Must only use the storage facility of Adventure Greece for storage of the motor vehicle and may not store in or with the motor vehicle any goods that are hazardous, illegal,stolen, flammable, explosive, environmentally harmful, perishable or that are a risk to property or person (except to the extent that the goods of such nature are ordinarily found in motor vehicles and cannot be reasonably removed from the motor vehicle).
(b) Must comply with all reasonable directions given to the vehicle owner by Adventure Greece’s employees charged with the administration of the storage area.
13.Adventure Greece, its Employees and Agents
The vehicle owner authorises Adventure Greece as its agent to drive the motor vehicle where necessary, including but not limited to, between office Adventure Greece’s and the storage area or other premises and driving the vehicle to any premises where mechanical repairs will be carried out. This authorisation extends to Adventure Greece, its employees and its agents.
Adventure Greece will hold and use some of the vehicle owner’s personal information in order to perform this contract with the
Court of jurisdiction is Greece