1. Introduction
1.1 These motorcycle rental terms and conditions through the Hero application (“Rental Terms”) are established by the electric motorcycle rental service provider (“Lessor”) to outline the rights and responsibilities of you, (the “Renter” or “You”), as well as any limitations associated with transactions involving the rental of electric motorcycles and all related activities conducted with the rental process via the Hero application.
1.2 Please read the Rental Terms carefully and thoroughly. By clicking to accept these Rental Terms or by signing up to use the electric motorcycle rental service via the Hero application, you acknowledge that you have reviewed these Rental Terms, including the terms and conditions displayed on the Hero application, and agree to be bound by all of those, including any terms, regulations, and policies that may be amended in the future. If you do not agree with any of these terms or conditions, you are advised to discontinue using the rental service via the Hero application.
1.3 The rental of electric motorcycles via the Hero application (“Rental Vehicle”) under the Rental Terms includes electric motorcycles with batteries, chargers, charging stations, and any assistance specified in the rental package, equipment, and support services listed on the application.
1.4 The Lessor reserves the right to provide electric motorcycle rental services through the Hero application exclusively to registered members who have successfully completed the identity verification process as stipulated by the Lessor.
1.5 Any transactions or activities associated with the rental of electric motorcycles through the Hero application must strictly follow to the procedures and conditions outlined on the Hero application.
1.6 The Lessor reserves the right to update, modify, or amend these Rental Terms and shall notify you of such changes through the Hero application from time to time. If you continue to engage in any transactions thereafter, you are deemed to have acknowledged and agreed to be bound by all of those revised terms and conditions.
2. Rental Period, Rental Fee, and Security Deposit
2.1 The duration of each rental is based on the rental period you select through the Hero application, starting from the date of the rental vehicle collection until the date of rental vehicle return.
2.2 The Renter must pay the rental fee and the rental security deposit through the Hero application in accordance with the amount, specified terms and the payment methods indicated on the Hero application, before collecting the rental vehicle and starting the rental period.
2.3 Once the rental and security deposit payment have been completed, if the Renter cancels the rental, either before or after collecting the rental vehicle, the rental fee is non-refundable under any circumstances. In the event the Renter encounters issues with the rental vehicle during use, the Lessor shall provide a replacement vehicle to ensure uninterrupted use until the end of the rental period.
2.4 The Lessor shall refund the security deposit to the Renter on the day the rental vehicle is returned, after deducting any damages to the rental vehicle or other charges (if any). The refund shall be processed via a bank transfer or PromptPay to an account under the same Renter’s name registered in the system, in accordance with the refund schedule and conditions set by the Lessor. For foreign customers, the security deposit shall only be refunded in cash.
2.5 The Lessor may introduce compaigns, promotions, special terms, privileges, or marketing activities during specified periods or for specific groups of renters who meet the qualifications defined by the Lessor. The Lessor reserves the right to modify any promotions, privileges, or marketing activities as deemed appropriate.
3. Insurance
3.1 During the rental period, in the event of any damage to the rental vehicle, whether in whole or in part, regardless of the cause, the Renter shall be responsible for the full amount of actual damages incurred to the Lessor.
3.2 The Renter acknowledges that the rental vehicle is covered by compulsory insurance and third-party insurance, as outlined in the insurance coverage details and conditions that the Lessor informs the Renter before or at the time of collecting the rental vehicle or when conducting a rental transaction via the Hero application.
3.3 If the Renter wishes to purchase additional insurance, the Renter is entitled to do so at its own expense, specifying the Lessor as the beneficiary under the additional insurance policy.
4. Vehicle Collection, Vehicle Replacement, and Vehicle Return
4.1 The Lessor shall deliver the rental vehicle to the location specified by the Lessor. It is the Renter’s responsibility to inspect the vehicle’s condition and verify its operational status. The Renter must take photographs of the vehicle and upload them to the Hero application as confirmation of the successful collection of the rental vehicle.
4.2 During the rental period, if the rental vehicle encounters any issues, and the Lessor approves a vehicle replacement, the Renter must confirm receipt of the replacement vehicle following the procedure outlined in Clause 4.1.
4.3 Upon the expiration of the rental period or termination of the rental for any reason, the Renter is required to return the rental vehicle to the Lessor in good working condition, free from damage, except for normal wear and tear. The vehicle must be returned to the agreed location or another location as mutually agreed, and the Renter must take photographs of the rental vehicle and upload them to the Hero Application to confirm the successful return of the rental vehicle.
4.4 In the event that the rental vehicle exhibits signs of damage determined to have occurred during the rental period, the Lessor shall assess the damages and inform the Renter. Costs may be deducted from the security deposit, and if the damages exceed the security deposit, additional compensation may be claimed. The Renter agrees to assume full responsibility for all damages incurred.
4.5 Upon expiration of the rental period, if the Renter wishes to continue renting the vehicle, the Renter may proceed to extend the rental period through the Hero application, following the specified procedures and conditions.
4.6 After the expiration of the rental period or termination of the rental for any reason, the Renter has a grace period of 15 minutes to return the rental vehicle and decide on an extension. If the Renter returns the rental vehicle after the stipulated period, it shall be deemed that the Renter agrees to pay fines and/or additional rental charges for the extended period until the vehicle is duly returned to the Lessor.
4.7 After the expiration of the rental period or termination of this rental for any reason, the Lessor has the right to take possession of the rental vehicle without prior notice, and the Renter shall not claim any rights, damages, or compensation, whether civil or criminal, arising from such actions. The Renter shall be responsible for all costs incurred by the Lessor in regaining possession of the rental vehicle.
4.8 If the Renter is found to be evading or escaping payment of fines or excess rental charges, or if there is reasonable suspicion of theft, the Lessor reserves the right to pursue legal action against the Renter.
4.9 If the Renter returns the rental vehicle before the rental period ends, no refund of rental fees shall be issued under any circumstances.
5.Use of the Rental Vehicle
5.1 The Renter is entitled to use the rental vehicle within the areas and locations specified by the Lessor for minute-based, hourly, and daily rentals. The Renter acknowledges that the Lessor shall configure the rental vehicle to stop operation immediately if the rental vehicle is found moving outside the designated areas and locations set by the Lessor.
5.2 The Renter must use the rental vehicle with due care and in accordance with the user manual. The vehicle and rental documents must be stored and maintained in an appropriate place, and the Renter must take care of the vehicle as a prudent person would care for its own property.
5.3 The Renter must strictly comply with all applicable laws, regulations, and guidelines applicable to the rental vehicle.
5.4 The Renter shall be responsible for any damages caused to third parties or property in the event of an accident or any damage involving the rental vehicle.
5.5 The Renter shall not use the rental vehicle for any commercial purposes or for any purpose other than as a means of transportation. The Rental is prohibited from taking the rental vehicle outside the designated usage areas as defined in the rental conditions.
5.6 The Renter is strictly prohibited from using the rental property for any illegal purposes.
5.7 The Renter agrees to allow individuals authorized by the Lessor to inspect the rental vehicle from time to time as deemed appropriate.
5.8 The Renter shall not assign any rights or obligations under this Rental Terms, either in whole or in part, to a third party without prior written consent from the Lessor. If the Renter allows another person to use the rental vehicle, the Renter shall be liable for any damages or offenses caused by such person.
5.9 The Renter must preserve the Lessor’s ownership of the rental vehicle and must not pledge, sell, transfer, or encumber the rental vehicle in any manner. In the event of any claims, legal actions, or liabilities arising in connection with the rental vehicle, the Renter must immediately notify the Lessor and agrees to compensate the Lessor for any resulting damages.
5.10 The Renter shall be responsible for any damages in all cases except for damages not caused by the Renter’s fault. In the event of a loss, compensation shall be based on the market value of the rental vehicle. In case of damage, the Renter shall be liable for the incurred repairs and damages. If the Renter is a minor, its legal guardian shall be jointly liable for any such damages.
6.Maintenance and Repair of the Rental Vehicle
6.1 In the event of the rental vehicle exhibits any malfunctions, defects or damages, the Renter must not allow any third party to perform repairs on the rental vehicle, including the installation or removal of the engine or any associated equipment. The Renter is required to promptly notify the Lessor of such incidents via the contact channels available in the Hero application. The Lessor may have a team contact the Renter to assess the deficiencies or damages. The Lessor reserves the exclusive right to determine and proceed with the appropriate next steps regarding the rental vehicle, which may include providing the Renter instructions on how to address minor issues independently, or retrieving the rental vehicle for repairs and providing a replacement vehicle to the Renter.
6.2 If any maintenance or repairs are necessary during the rental period, the Renter must notify the Lessor through the Hero application’s contact channels and proceed according to the Lessor’s instructions.
6.3 he Renter must not dismantle, modify, alter, or decorate the rental vehicle or its accessories in any manner, including painting or changing its condition.
6.4 The Renter agrees to be responsible for any additional costs incurred from the use of the rental vehicle, such as charges for charging the electric battery outside of the Lessor’s service points, fines resulting from traffic violations, parking fees, etc.
7.GPS Installation and Personal Data Protection
7.1 GPS Installation
The Lessor may install GPS tracking in the rental vehicle to monitor the status of the rental vehicle under the Lessor’s legitimate rights to prevent and mitigate potential damages to the rental vehicle. However, the Lessor shall only use such data as necessary, such as in the case where the rental vehicle is not returned after the rental period ends, and the Renter cannot be contacted, or if the Lessor needs to access the locations of the rental vehicle for repairs or maintenance as reported by the Renter, or in the event of an accident. The Lessor shall not disclose such information to any unauthorized persons, except as required by law, with the following conditions:
- For minute, hourly, and daily rentals:
Under the Lessor’s legitimate rights, the Renter acknowledges and consents to the installation of GPS, and shall not object or assert any claims regarding this matter.
- For monthly rentals:
The Renter has the right to decide whether to consent to the installation of GPS in the rental vehicle. If the Renter chooses not to provide consent, the Renter acknowledges and agrees to assume all risks and sole responsibility for any loss or damage that may occur to the rental vehicle, without objection.
7.2 Personal Data Protection
The Lessor is required to collect and use the personal data of the Renter related to the Rental Terms, including but not limited to name, address, contact number, email, financial information, copies of identification cards, student ID cards, photographs, and other documents necessary for processing the electric motorcycle rental transaction through the Hero application. Therefore, the Renter hereby consents to the Lessor, or the Lessor’s authorized service providers or agents, collecting, using, or disclosing the Renter’s personal data for the purposes of fulfilling the Rental Terms of the rental agreement, as well as for any related activities and the Lessor’s business operations to achieve its objectives, both during and after the rental period, to the extent as necessary and as permitted by law. The Renter assures that all personal data provided to the Lessor through the Hero application is accurate and up-to-date, and free from any misleading or false information. In the event of any changes to the personal data, the Renter is obligated to promptly inform the Lessor and update information via the personal data menu in the Hero application at each instance of change.
8.Termination of Rental Agreement
8.1 The Lessor has the right to terminate the rental agreement in the following cases:
1.If the Renter fails to comply with the Rental Terms, the Lessor may terminate the rental agreement immediately without prior notice. The Renter agrees that the Lessor has the right to access the rental vehicle storage area and take possession of the rental vehicle immediately. The Lessor may also claim any compensation stipulated in the Rental Terms, and pursue damages resulting from the breach.
- In any other circumstances where the Lessor has the legal right to terminate the rental agreement immediately without prior notice.
- If the Lessor detects suspicious behavior that poses a risk of the rental vehicle being stolen, or if the vehicle is taken outside the designated area.
- For any other reasons deemed appropriate by the Lessor.
8.2 The Renter has the right to terminate the rental agreement in the following cases:
- If the Lessor fails to comply with the terms of the rental agreement.
- If the Lessor is subject to measures by government authorities or has received an order to cease operations or suspend relevant licenses.
These terms are governed by and interpreted in accordance with the laws of Thailand. Any disputes arising from the Rental Terms shall be resolved in the competent courts of Thailand.
Effective Date: September 2024, until further amendments or changes.
