Rental Terms and Conditions
Contract Terms and Conditions
Art. 1 – Purpose
Art. 1.1 – This contract (hereinafter “Service Contract”) governs the provision of services rendered by the Company to the Client in connection with the package of Rental services (hereinafter “Rental”) chosen by the Client. Art. 1.2 – The Rental consists in the provision of the motorcycle indicated in Exhibit A for the Rental Periods and for the number of kilometers (hereinafter the “Mileage”) specified in Article 3 below. Art. 1.3 – The Company reserves, at its sole discretion, the right, acknowledged by the Client, to replace the motorcycle with another motorcycle of similar characteristics and of the same level as the replaced one.
Article 2 – Delivery of the Motorcycle.
Art. 2.1 – The Customer acknowledges that the motorcycle (hereinafter “Motorcycle”) delivered by the Company, specified in Exhibit A, is in perfect condition of maintenance and cleanliness.
Art. 2.2 – The Motorcycle is delivered with a full tank of fuel, with all the necessary documents for circulation, including the insurance certificate and marker.
Art. 2.3 – Any accessories (such as helmet, top case, etc.) (hereinafter the “Accessories”) shall be in perfect working order.
Art. 2.4 – At the time of each delivery of the Motorcycle, the “Customer Check Out Sheet”, Annex A (hereinafter “Check Out Sheet”) will be signed. Art. 2.5 – The signing of the Check Out Card by the Client implies: i) the acknowledgement that the Motorcycle is in perfect state of maintenance, equipped with all Accessories and suitable for the agreed use ii) the assumption of the risk for the custody of the Motorcycle and Accessories by the Client.
Art. 3 – Rental Period – Mileage
Article 3.1 – The Motorcycle shall remain at the disposal of the Customer, who may use it, on the day(s) and for the Mileage specified in Exhibit A (hereinafter the “Rental Period”).
Art. 3.2 – The Motorcycle shall be delivered to the Customer, on the appointed day (hereinafter “start of the Rental Period”) at the place chosen by the Company, and shall be delivered to the Company at the end of the Rental Period in the manner set forth in Article 4 below.
Art. 3.3 – The Customer who returns the Motorcycle early will still be obliged to pay the Company the entire agreed Consideration in application of the initially agreed amount until the natural expiration date.
Article 4 – Return of the Motorcycle
Art. 4.1 – At the end of the Rental Period, the Customer shall return the Motorcycle to the Company at the place indicated in Article 3.2 and during the Company’s opening hours, by signing the “Customer Check In Form” set forth in Exhibit A (hereinafter “Check In Form”).
Art. 4.2 – Outside the opening hours, the rental relationship and the Customer’s responsibility does not end with the mere deposit of the key of the Motorcycle but only with the taking possession of the Motorcycle, keys and documents by a Company representative and with the signing of the Check In Form.
Art. 4.3 – The Motorcycle and all Accessories must be returned in perfect condition. In case of loss or damage of the Accessories, these will be charged to the Customer.
Art. 4.4 – In case of delay in returning the Motorcycle, the Customer will be charged an amount equal to Euro 70.00 (euro seventy/00) for each day of delay. The day of delay is calculated on the weekly day and not already by the calculation of daily hours (24).
Article 4.5 – Without prejudice to the provisions of Article 4.4 above, if the Motorcycle is not redelivered within 2 days after the end of the Rental Period, the Company may regain physical possession of the Motorcycle in any way, even against the Client’s will, and the Client shall be obliged to reimburse the Company for the expenses incurred and any damages suffered.
Art. 4.6 – If at the end of the Rental Period it appears that the Customer has returned the Motorcycle without fuel or with a lower level at the time of collection, the Customer will be charged the amount of Euro 20.00 (euro twenty/00)
Art. 4.7 – If the Motorcycle at the end of the Rental Period is returned in a state different from the state in which it was at the time of delivery (scratches, dents, damage in general, etc.), the customer will be charged the full amount of the repair of the damage; in any case, the customer will be required to pay for any damage found on the vehicle.
Article 5 – Minimum age of the Client and the driver.
Art. 5.1 – The minimum standard age to rent and/or ride all Motorcycles is 18 years old.
Art. 5.2 – The driver of the Motorcycle must hold a valid driver’s license for at least 1 year.
Art. 6 – Authorized Drivers
Art. 6.1 – The Motorcycle may be ridden only by the Client and the driver(s) indicated in Exhibit B or otherwise communicated in advance to the Company (hereinafter the “Authorized Drivers”).
Art. 6.2 – Authorized Drivers must be at least the minimum age as stipulated in Article 5.1 above and possess a valid driver’s license (driver’s license or corresponding title) to be shown to the Company prior to hire.
Art. 6.3 – In any case, the Customer remains liable to the Company, even if he/she is not also a driver, and is liable in all cases for the actions or omissions of anyone driving the Motorcycle.
Article 7 – Client’s obligations and prohibited uses
Art. 7.1 – The Customer undertakes:
(i) to provide, guaranteeing its truthfulness, all information requested by the Company for the purposes of this Contract;
(ii) not to omit the disclosure of states and situations that could result in the non-conclusion of this Contract;
(iii) to conduct the Motorcycle and keep it together with the Accessories with the diligence of a good family man and in compliance with all legal regulations;
(iv) to arrange for the oblation of any contravention, and deliver related receipt/bill, imposed on the Motorcycle during the Rental Period and to reimburse the Company for any expenses incurred;
(v) to provide for the payment of the oblation imposed on the Motorcycle during the Rental Period and to reimburse the Company for any charges and/or expenses incurred. In this sense, the Customer hereby authorizes the Company to collect even after the end of the Rental Period, all amounts corresponding to penalties, fines, oblations, expenses and charges that for any reason should be requested and/or notified to the Company after the Rental Period;
(vi) to indemnify the Company against any claims made by third parties for damage sustained to property carried on the Motorcycle;
(vii) not to carry people in numbers exceeding the limit specified in the registration certificate.
Art. 7.2 – The Customer acknowledges that he/she is not the owner of any rights in rem in the Motorcycle and Accessories and that he/she therefore cannot dispose of them in order to establish guarantees or pledges.
Article 7.3 – The Customer agrees not to use the Motorcycle and not to tolerate others riding or using it:
(i) for racing, competition or speed and track tests;
(ii) To travel on unpaved roads;
(iii) to step on and/or off sidewalks or ground elevations for the purpose of stopping or standing;
(iv) to push and/or pull objects;
(v) for the transportation of goods or people against compensation;
(vi) for transporting easily flammable, explosive, poisonous or otherwise dangerous materials;
(vii) For a purpose contrary to law;
(viii) under the influence of narcotics, drugs, alcohol or intoxicants or other substances otherwise capable of impairing the ability to understand and react;
(ix) in a state for which the Green Insurance Card is not valid;
(x) whether it is a person who has provided the Company with false information about his or her identity, name, age, address, social security number;
(xi) for transporting animals even if they are their own;
(xii) for sublease.
Article 7.4 – A person who enters into the Services Agreement in the name and on behalf of a third party shall be jointly and severally liable with the third party for the performance of the obligations of what is specified in the Services Agreement.
Art. 7.5 – Use of the Motorcycle is permitted only in the countries of the European Union, Switzerland and the Principality of Monaco.
Art. 7.6 – For anything not provided for, the rules of the new “code” of the road shall apply.
Article 8 – Maintenance and Repairs
Art. 8.1 – The Customer shall care for the Motorcycle with the diligence of a good family man.
Art. 8.2 – Expenses for repairs, as long as they do not result from the Client/Driver’s fault or willful misconduct, made necessary will be reimbursed at the end of the Rental Period as long as they result from an invoice duly registered in the Company’s name if they have been authorized in advance by the Company.
Art. 8.3 – The Customer is fully responsible for all damages resulting from fault or negligence and, in particular, damages resulting from misfuelling.
Art. 9 – Accidents and Theft
Article 9.1 – If an accident occurs, the Client shall:
(i) Immediately inform the Company by telephone, transmitting within the next 24 hours a detailed and complete report in addition to the duly completed CID form and possibly photographs;
(ii) to inform the nearest competent authorities (Police or Carabinieri) in case of disagreement with the other party;
(iii) not to make statements of liability in case of uncertainties in the dynamics of the claim;
(iv) Take note of the particulars of the parties and witnesses;
(v) provide the Company with any other useful information;
(vi) follow the instructions that the Company will provide with reference to the custody and repair of the Motorcycle.
Art. 9.2 – In case of theft or attempted theft of the Motorcycle, the Client must immediately report the fact to the competent Authorities (Police or Carabinieri) and deliver to the Company the original of the report, the keys of the Motorcycle and the anti-theft device.
Art. 9.3 – The Company will replace the Motorcycle with another vehicle, if available, until the end of the Rental Period.
Article 10 – Customer Insurance and Liability.
The Motorcycle is covered by Auto Liability, Theft and Fire insurance.
Art. 10.1 – PAYMENT OF DAMAGES CAUSED BY THE DRIVER In the event of a claim with Driver’s liability, the Customer shall be liable for and shall indemnify the Company for the full amount of damages caused
EXCLUSIONS The insurance does not apply in the case of claims incurred as a result of:
(i) wilful misconduct of the insured person, his or her cohabitants, employees, or persons entrusted by him or her with the driving, repair, or custody of the insured vehicle and the passengers;
(ii) participation by the driver in sports competitions or contests and related official practice;
(iii) wars, revolutions, uprisings, military occupations;
(iv) riots, turbulent or violent demonstrations, fights, acts of willful damage;
(v) earth tremors, volcanic eruptions, floods, tornadoes, hail, development–however arising, whether controlled or not–of nuclear energy or radioactivity;
(vi) intoxication and/or intoxication by alcohol and/or voluntary use of drugs and/or narcotics and/or psychotropic drugs by the driver;
(vii) circulation of the Motorcycle driven by a driver who is not qualified to drive in accordance with the provisions in force and, in the case of an expired license, only if the same, after the accident, is not renewed;
(viii) use of the Motorcycle contrary to the provisions of the registration certificate with particular regard to the mode of transportation of persons or property, unless the insured proves that the damage is not related to such fact;
(ix) active or passive towing, from pushing or hand maneuvering; as well as mechanical, electrical and hydraulic system failures not directly resulting from impact, collision or rollover;
(x) damage caused by and/or to transported property;
(xi) circulation occurred on roadways not specifically intended for vehicle circulation (e.g., mule tracks, country paths, mountain trails) regardless of whether the roadbed is paved or not;
(xii) act of willful damage (so-called vandalism).
It also does not apply to damages:
(i) suffered by rims and tires; limited to damage to rims, the same will be indemnified in case other part of the insured vehicle excluding tires is damaged in the same claim;
(ii) suffered by electrical systems, if due to electrical phenomenon however manifested;
(iii) caused by aspiration of water into the engine if not caused by impact, collision, rollover, or leaving the road;
(iv) suffered by accessories/optional not declared in the policy and not permanently incorporated in the vehicle.
Art. 10.2 – In case of theft, the Customer shall be liable and shall indemnify the Company for an amount equal to Euro 500.00 (five hundred/00 euros)
Art. 10.3 – In the event that the Motorcycle is stopped due to a claim due to the Client’s responsibility or negligence, the Company shall have the right to correspondingly reduce the remaining rental days, not yet used by the Client employed for the repair of the Motorcycle. If the rental days are exhausted or insufficient, the Customer shall be liable to pay for each missing day an amount equal to the daily rental charge provided for the Package. This is without prejudice to the Customer’s right to restore the missing days by recognizing to the Company the rental cost for the days the Motorcycle is down.
Art. 10.4 – In case of vandalism or breakage, due to negligence, of some parts of the motorcycle, the Customer will be obliged to pay the full amount of the damaged part. In addition, the Customer agrees to charge the said sum at any time.
Article 11 – Liability of the Company
Art. 11.1 – The Company is not liable to the Client or third parties for accidents or damages that occur during the rental.
Article 11.2 – The Company shall not be liable for damages resulting from defects in the Motorcycle, unless such defects were caused by the Company’s gross negligence.
Art. 11.3 – Objects left in the Motorcycle by anyone are considered abandoned and the Company is not obliged to keep and/or return them.
Article 12 – Method of Payment
Art. 12.1 – The Fee shall be paid in full by the Client upon signing the Reservation or Contract. No performance shall be due if payment is not made.
Art. 12.2 – In case of cancellation of the reservation made through the Internet, as a penalty, 30%, up to one month before, and 50%, up to 15 days before, of the amount paid will be withheld. Cancellation in the 15 days prior to the booked date will not entitle to any refund of monies.
Art.12.3 – In case the rental is booked and paid online, a credit card must still be presented when picking up the vehicle. If this condition is not met, the company will not deliver the booked vehicle and the amount paid at the time of booking will not be returned.
Article 13 – Termination of the Contract
Art. 13.1 – The Company reserves the unquestionable right to terminate pursuant to Art. 1456 of the Civil Code the Contract at any time, if the Customer fails to fulfill any of the obligations contractually provided for in Articles 2,3,4,5,6,7, 9 and 10.
Art. 13.2 – The Company shall not be liable for damages, whether loss of profit or consequential damages, which the Customer may suffer as a result of the early termination of the Contract.
Article 14 – Jurisdiction
This contract is governed by Italian law. The Court of Sassari shall have exclusive jurisdiction over any dispute relating to the Services Contract.
Article 15 – Privacy.
The Customer declares that he/she has received from the Company the information referred to in Articles 13 and 14 of EU Regulation No. 2016/679 – General Data Protection Regulation (GDPR) and Article 13 of Legislative Decree 196/2003 contained in Annex C of which he/she declares to be aware and that by signing this contract he/she gives his/her consent so that his/her personal data may be processed, including by means of electronic and/or automated and/or computer and telematic methods, and any communication-dissemination by the Company for the purposes made known in the above-mentioned information.
Last updated: 23-06-2022