MOTORBIKE RENTAL: The motorbike rental is the service given to the users. The service allows to pickup the motorbike and to use it for a determined period of time, except for other agreements reached with the rental company. The user can use the service following the undersigning of this contract and the release of a valid ID card or driving licence.
USER: Is the person enabled to the use of the motorbike rental service after registration.
OFFICE: Is the structure where is possible to rent the motorbike during the opening hours.
- The undersigned/user declares:
to have at least 18 years old and to have a valid driving licence for the motorbike above indicated.
- The undersigned/user is obliged to comply with what follows:
- Before picking up the motorbike, he/she has to verify that it is working and in perfect condition.
- The motorbike must be used exclusively in Italy, except for different conditions agreed on between the parties.
- The motorbike cannot be carried elsewhere with any other means of transportation.
- The rental service is active everyday during the indicated hours.
- The motorbike, during the usage and in case of temporary breaks, must be locked with steering lock and the antitheft device must be on. Same rules hold for guarded parking areas.
- The motorbike, at the end of the rental period, must be delivered back to the office in the exact same conditions as at pickup.
- The user must communicate any anomaly and/or damage happening during the use of the motorcycle. Whenever the liability of the damage falls on the user, the user will be bound to repay the damage, quantified at the place the motorcycle was bought, after the due investigations.
- The driver must personally use the motorcycle and to not allow – for any reason – third parties to drive it.
Delivery of the vehicle: The lessor delivers to the lessee (user/undersigning the contract) the motorcycle as indicated on the contract. The motorcycle is given with the maximum level of fuel and supplied with the usual toolkit, with the lock, and with all documents necessary to drive.
- Obligations of the lessee, the lessee has the obligation to
- Give all correct information regarding his/her generality, age, living address and validity of driving licence
- Drive the motorcycle with the helmet given, to transport only a passenger with an helmet, to keep care of the motorcycle and the other tools given and to comply with the local driving norms and laws. To not transport passengers if the motorcycle is not equipped to transport third parties.
- Take care of the motorcycle with due diligence
- Drive and use the motorcycle according the laws and norms of the driving code (D.Lgs. 30/04/1992, n.285, Codice della Strada, and further changes, together with the Execution of the Legislation related to the DPR 495 of 16/12/1992) and use prudency, diligence and protection of others’ rights.
- Do not tamper any part of the motorcycle. In case of any damage depending on the user, he/she will be obliged to the refund of the damage according to Italian civil law
- Do not allow to drive the vehicle to people not suitable for it.
- Do not advance any right of property on the vehicle, on the lock and any other element given by the rental service
- Assure that during the rental period the vehicle is always in perfect condition to warrant the correct functioning and security of it and its passengers. Any intervention on the vehicle must be agreed on with the lessor
- Take care of any sanction and fine given to the lessee or to the vehicle during the rental period
- The locator do not take liability to any claim by third parties due to damages to personal items transported on the vehicle on rent.
- Pay the rental service and accessories provided according to the price agreed on at rental time
- Refund the locator for any damage to the vehicle and to the accessories provided
- refund the locator for the charges that he has to bear to the fulfillment of financial obligations deriving from – directly or indirectly – the rental contract
- Forbidden to transport people or things under compensation
- Forbidden to push or pull objects
- Forbidden to drive under drugs, alcohol or other toxic substances that can influence the normal ability to react to stimula.
- Forbidden to drive the vehicle in races, competitions or speed racing.
- Forbidden to use the vehicle for acts against the law
- Forbidden to drive in private, forbidden areas, in port and airport areas.
- Forbidden to any other person than the lessee to drive the vehicle
- The rental company is not in any way liable to the damages caused by the user to third parties as consequence from behaviours depending on him/her.
- The user is obliged to refund all the damages caused to the rental company for any fact attributable to him/her.
- To unchallengeable judgement of the rental company, the contract can be modified. In this case the user will be asked to sign the new contract.
- Warranty of the rental through credit card: The user signing the contract (first driver), must provide a valid credit card (VISA, MasterCard, Diners Club) as a warranty of the rental service. To that end, a cautionary deposit will be asked on the credit card itself. The sum of the caution will depend on the value of the rent plus to the amount due as insurance franchise. In case at the return of the vehicle, damages will be found, the deposit will be taken by the rental company.
- Accidents: whenever an accident occurs, the user is obliged to:
- immediately inform the locator via telephone, reporting in the following 12h a detailed and complete and signed report, on the CAI form included in the vehicle documentation
- Inform the closest Police station, reporting the eventual theft of motorcycle parts
- Avoid declaration of liability on the accident whenever there is uncertainty on the dynamics of the accident
- Take note of names and addresses of the parties involved in the accident and of eventual witnesses
- Provide the locator with any other useful information
- Follow the instructions that the locator will give related to the custody and the reparation of the vehicle
- Pay the locator the service of accident administration as indicated at the time of the rental
- The client is obliged – in case of accident with third parties where the liability of the accident falls on the driver of the vehicle on rent – to pay a €500,00 franchise (not subject to VAT), up to a maximum of € 1.000,00 (not subject to VAT) and other administrative expenses of € 50,00 besides the damages on the vehicle.
- The administration of accidents stands upon the rental company that will have claim to all sums deriving from liquidated claims
- Theft: In case of theft or attempted theft of the vehicle on rent, the lessee must immediately report the fact to the closest Police station and to give the original report to the locator. In case of theft, whenever the lessee hands in the original police report to the lessor as specified above, the lessor will debit a sum equal to the market value of the vehicle at the time of the theft from lessee’s credit card plus the cost of administrative expenses, helmets, locks, windshield and other accessories provided at the time of the rental. The cost of the rental service will then be due until the police report is given to the locator. The cost of the rental will be recalculated if the police report is given after the return date and time specified on the contract. In case the vehicle will be found, the payment will still be kept by the locator as to establish a good functioning of the motorcycle and to cover the loss due to the lack of use of the asset. In case the original copy of the police report is not given to the locator, there will be no limitation of contractual liability.
Loss of key or other accessories. In case of loss of one of the accessories, the user must report it to the closest police station (Polizia or Carabinieri) and to hand in a copy of the report to the locator within 24h from the time of the report as well as to refund all the cost due to the loss. The report has the scope of remove the responsibility from the user on any misuse third parties do with the accessories.
In any case, the rental cost is not due for the days that the vehicle cannot be used.
Furthermore, if the rental good is covered by theft insurance, the driver will only pay the sum that exceeds insurance coverage, that guarantees for theft, fire and robbery.
- Sanctions: In case the customer do not fulfill one of the obligations of Art.4 of the present contract, as proved by a fine by any local authority (Polizia Stradale, Enti Autostradali, Capitaneria di Porto, Carabinieri, etc.), the user will have to pay a sanction fee equal to the sum specified on the fine. Moreover, the RENT TO RIDE DI GAETANO SCARPETTA, will communicate the name of the driver to the authorities (re-notification) with the time and procedures expected by law. For any fine re-notified, a sum of €40.00 plus VAT will be debited, under penal law, on the credit card of the driver of the vehicle on rent.
- Return: The client is obliged to return the vehicle to the place and at the time indicated on the contract or, in any case, whenever the locator will ask it back, with the same accessories and in the same conditions at delivery time, including full level of fuel and cleanness status.The rate for additional day starts just 30 minutes after the time set for the return of the vehicle.
- Late return: the user is obliged to pay the cost due to change of rental time, together with the sum connected to any other service.
- The return of the vehicle in a different place, implies the cost of an extra day of renting.
- Return of the vehicle in advance, the client is in any case obliged to pay the cost of the full rental period.
At return time, the client is obliged to release the declaration about any accidents occurred, or any other eventual important events related to the vehicle. The lack of declaration or false declarations will have a penalty of €500.00.
- Fuel Refund: Whenever the fuel level at return time is lower that at pickup time, it will imply a fixed cost of €5.00, plus a variable (per liter) cost of €1.68 per each liter of gas more than the actual market price at return time.
- Deposit: The driver gives to the locator the amount of €500.00 for scooter, €1.000,00 for motorbike and €300,00 for E-Bike as cautionary deposit at the moment of the signature of the contract. The deposit will be given back to the driver when returning the vehicle, whenever no damages or problems are reported. The deposit can be used to cover the expenses in case of loss of the keys (€250.00 plus VAT), of loss of the vehicle documents (€160.00 plus VAT). The deposit can be used to cover claims of third parties that imply the payment of insurance franchise. The driver is obliged to refund the locator for any damage deriving from theft of the vehicle or its pieces, that are not covered by the insurance policy.
- Declaration of the user liability: The undersigned of the contract declares to be aware and accept the clause related to the rental service here indicated. Moreover the user signs, without conditions, the prescriptions and the clauses reported in the present form. In any case, the undersigned is aware that the rental service is not liable of:
- damages on the user deriving from the use of the vehicle or the consequences of such use on third parties (people, animals and objects).
- loss, destruction, theft of objects and/or animals on board
- Recess: The undersigned of this contract, in case he wants to withdraw from the contract, needs to go to the rental office and request it explicitly, without the possibility of recover any eventual credit.
- Prohibition of sublease or transfer: the sublease of the vehicle on rent and of its parts and accessories is strictly forbidden, as well as the transfer of the contract.
- Complaints: In case of complaints about the content of the rental contract, the recordings in the electronic archive of the locator will witness it. Any eventual complaint on debits or credits can be advanced only after the payment of those and not after 30 days since the date indicated on the receipt.
- Interests of delay: After the term for the payment of the due amounts, the locator is authorized to advance a debt note with interests calculated on the BCE interest rate plus 5%.
- Nullity: The nullity of any disposition of the contract does not imply the non-validity of the contract on its entirety.
- Privacy: Consent for the treatment of personal data according to 675/96 (Law on Privacy). The driver, receives the disclosures on the use of his personal data according to Law number 196 from 2003, consents so that the locator carries out:
– the communication of common personal data for the necessary ends indicated in the privacy disclosure
– the treatment of common personal data for the optional ends indicated in the privacy disclosure (safety of credit risk/ financial initiatives)
- Privacy disclosure: According to art.13 of D. Lgs 196/2003 the rental company informs that your personal data and the information provided will be used exclusively by RENT TO RIDE DI GAETANO SCARPETTA for commercial ends and to promote its rental activities, according to the privacy protection principles presented on D. Lgs 196/2003 and will be kept for a period of time not longer than that necessary to the scope for which they have been gathered.
- Jurisdiction: The undersigned of the contract understands that for any controversies and for any legal action necessary to recover credit matured by RENT TO RIDE DI GAETANO SCARPETTA, for the use of rental service will be responsible the Jurisdiction in Salerno.
- Applicable law: Everything that has not been elicit in this contract, falls in the jurisdiction of the Civil Law and other applicable laws.
- Liability: Although the liability for defects of production falls to the make of the vehicle, the Rent To Ride di Scarpetta Gaetano will make all the ordinary maintenance activities in order to keep the vehicle in a good and efficient status, thereby warranting the constant maintenance related to constant use as written in the article 1573 cc.
- The lessee must give credit card number or bank IBAN where eventual damages will be debited – if exceeding the caution – to the rental company