Terms and Conditions2018-07-21T12:17:48+00:00

Terms and Conditions

 

Art. 1 – Purpose

Art. 1.1 – This agreement (the “Services Agreement”) regulating the supply of services rendered by the Company to the Customer in connection with the service package Day (hereinafter “Day Package”) chosen by the customer. Art. 1.2 – The Package Day consists in making available to the motorcycle shown in Annex A for the periods of rental and for the number of kilometers (hereinafter the “Mileage”) specified to in Article 3. Art. 1.3 – The Company reserves, in its sole discretion, the right, recognized by the customer, to replace the motorcycle with another motorcycle of similar characteristics and the same level as that replaced.

 

 

Art. 2 – Motorcycle Delivery

Art. 2.1 – The Customer acknowledges that the motorcycle (the “Motorcycle”) delivered by the Company, specified in Appendix A, is in a perfect state of repair and cleanliness.

Art. 2.2 – The motorcycle, full tank at delivery time, with all necessary documents for vehicle registration, including the Certificate and the insurance.

Art. 2.3 – Each accessory (such as helmets, top box, etc.) (hereinafter the “Accessories”) is in perfect condition.

Art. 2.4 – Upon delivery of each of the motorcycle will be signed the “Check Out form Customer”, Annex A (hereinafter “Check Out form”). Art. 2.5 – The signing of the Check Out form by the Customer involves: i) the recognition that the motorcycle is in perfect condition, with all its accessories ii) the assumption of the risk to custody of the Motorcycle and accessories by the customer.

 

 

Art. 3 – Rental Period – Mileage

Art. 3.1 – The motorcycle will be available to the customer, who can use it, in / the day / ies for the Mileage specified in Annex A (hereinafter the “Rental Period”).

Art. 3.2 – The motorcycle will be delivered to the customer, on the fixed day (hereinafter “the beginning of the Rental Period”) at the place chose by the Company, and will be delivered to the Company at the end of the Rental Period in the manner set in Article 4.

Art. 3.3 -upon agreement with the Company, the Customer may deliver the motorcycle or return it in a place different that they choose to in Article 3.2. In this case, the customer must pay the applicable rate depending on the different terms of the lease, together with the amount relative to any other service which the customer and / or the driver have benefited from the Package Day they choose. In any event, the delivery of the motorcycle in a place different from that of the pickup, although originally agreed, involves the application of the additional fee quantified by the time and place of delivery. The time required for delivery and / or pick up of the motorcycle in a place different than that indicated in the Services Agreement will be deducted from the total rental period signed by the customer.

Art. 3.4 – The Customer that deliver in advance the motorcycle, he have to pay to the Company the full payment amount agreed until the deadline.

 

 

Art. 4 – Return of Motorcycle

Art. 4.1 – At the end of the rental period, the customer must return the motorcycle to the Company at the place specified in Section 3.2 and during the opening hours of the Company, except as provided in Article 3.3, by signing the ” Check In Form “in Annex A (hereinafter”Check In form “).

Art. 4.2 – Outside of opening hours, the rental time and the responsibility of the customer do not end with the delivery of the key motorcycle but only with the taking possession of the motorcycle, the keys and documents from the Company and by signing the Check In form.

Art. 4.3 – The motorcycle and all accessories must be returned in perfect conditions. In case of loss or damage of accessories, these will be charged to the customer.

Art. 4.4 – In case of delay in the return of the motorcycle, the customer will be charged an amount of Euro 70.00 (EUR seventy / 00) for each day of delay. The day of delay is calculated on the day of the week and not by hours per day (24).

Art. 4.5 – Except as provided under Article 4.4, if the motorcycle not returned 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 will of the customer, and the latter have to refund the costs incurred and possible damages.

Art. 4.6 – at the end of the Rental Period if the customer returned the motorcycle without fuel or lower level at the time of the withdrawal, the customer will be charged the amount of EUR 20.00 (EUR twenty / 00)

Art. 4.7 – If the motorcycle at the end of the period of rental is returned in a state other than that it was in at the time of delivery (scratches, dents, damages in general, etc.), The customer will be charged the full amount of repairing damage; in any case, the customer will be required to pay any damage found on the vehicle.

 

 

Art. 5 – Minimum age of the customer and driver

Art. 5.1 – The minimum age standards for renting and / or driving all the motorcycles is 18 years old.

Art. 5.2 – The driver of the motorcycle must be in possession of valid driving license for at least one year.

 

 

Art. 6 – Authorized Drivers

Art. 6.1 – The motorcycle can be driven only by the client and / drivers indicated in Annex B or otherwise communicated prior to the Company (hereinafter the “Authorized Drivers”).

Art. 6.2 – The Authorized Drivers must be over the age referred to in Article 5.1 and be in possession of driving license (driving license or corresponding title) valid to exhibit to the Company prior to rental.

Art. 6.3 – The customer remains liable to the Company, even if it is not also the driver, and respond in any case of any act or omission of any person lead the motorcycle.

 

 

Art. 7 – Customer’s obligations and forbidden uses

Art. 7.1 – The Customer undertakes:

(I) provide all the information required by the Company to purposes of this Agreement and guarantee the accuracy

(Ii) guarantee the communication states and situations that might result in the non-conclusion of this Agreement;

(Iii) to drive the motorcycle and keep it together with the accessories as the diligence of a good father, and in respect of all applicable laws;

(Iv) to provide for the oblation of any fine, and deliver the receipt, imposed on the motorcycle during the rental period and to reimburse the Company for any costs incurred;

(V) to provide for the payment of oblation imposed on the motorcycle during the rental period and to reimburse the Company for any costs and / or expenses incurred. In this sense, the customer hereby authorizes the Company to charge even after the end of the rental Period, all amounts corresponding to penalties, fines, donations, expenses in whatever capacity they were to be requested and / or the Company received after the rental period;

(Vi) to indemnify the Company against any claims made by third parties for damage to goods carried on the motorcycle;

(Vii)to carry people in number limit specified in the registration certificate.

Art. 7.2 – The Customer recognizes that it is not holder of any real right and on the Motorcycle and on Accessories and then not being able to constitute guarantees or pledges.

Art. 7.3 -The customer agrees to not use the motorcycle and not to allow others to drive, or they use it:

(I) for racing, competition or speed tests and track;

(Ii) to travel on unpaved roads;

(Iii) to climb and / or descend from the sidewalk or from increases in the ground in order to stop or park;

(Iv) to push and / or pull objects;

(V) for move people or goods for reward;

(Vi) for the transport of flammable, explosive, poisonous or otherwise dangerous;

(Vii) for a purpose contrary to law;

(Viii) under the influence of narcotics, drugs, alcohol or intoxicant or other substances in any case which may limit the ability to understand and react;

(Ix) in a State which is not valid for the Green Card insurance;

(X) in the case of the person who has provided the Company with false information about their identity, name, age, address, social security number;

(Xi) for the transport of animals even if its own;

(Xii) the sublease.

Art. 7.4 – Who signs the Contract Services in the name and on behalf of a third party is jointly liable with the execution of these obligations as specified in the Service Agreement.

Art. 7.5 – The use of the motorcycle is allowed only in European Union countries, Switzerland and the Principality of Monaco.

Art. 7.6 – Although not provided for, the rules of the new “code” of the road.

 

 

Art. 8 – Maintenance and repairs

Art. 8.1 – The Customer shall treat the motorcycle with the diligence of a good father.

Art. 8.2 – The costs for repairs, provided not caused by negligence or willful misconduct of the Client / Driver, made necessary will be refunded at the end of the Rental Period provided from regular bill headed to the Company if they have been previously authorized by the Company. Art.

8.3 – The customer is fully responsible for all damages arising from fault or negligence and, in particular, for damages resulting from incorrect refueling.

Art. 9 – Accidents and Theft

Art. 9.1 – If there is an accident, the customer must:

(I) inform the Company immediately by telephone, broadcasting in24 hours after, a full and detailed report over to the CID duly completed form and possibly also with photographs;

(Ii) inform the nearest competent authorities (police) if they disagree with the other party;

(Iii) do not make a statement of responsibility in case of uncertainties in the dynamics of the accident;

(Iv) note the identities of the parties and witnesses;

(V) provide the Company with any other relevant information;

(Vi) follow the instructions which will provide the Company with reference to the keeping and repairing the motorcycle.

Art. 9.2 – In case of theft or attempted theft of the motorcycle, the customer must immediately report the fact to the competent authorities (police) and deliver to the Company the original complaint, the keys to the motorcycle and the alarm.

Art. 9.3 – The Company will replace the motorcycle with other one, if available, until the end of the rental Period.

 

 

Art. 10 – Insurance and Customer Responsibilities

The motorcycle is covered by insurance, Theft and Fire.

Art. 10.1 – PAYMENT OF DAMAGES CAUSED BY THE DRIVER If the damage is caused by the driver, the customer will respond and will have to compensate the Company the full amount of damages caused EXEMPTIONS The insurance does not apply in the case of accidents as a result of:

(I) willful misconduct of the insured, its partners, employees or people in charge to drive, repair or custody of the insured vehicle and the passengers;

(Ii) involvement by the driver at races or sports competitions and relevant evidence to the official;

(Iii) wars, revolutions, uprisings, military occupations;

(Iv) riots, turbulent or violent demonstrations, riots, acts of willful damage;

(V) earthquakes, volcanic eruptions, floods, tornadoes, hail, development – however arising, controlled or not – of nuclear energy or radioactivity;

(Vi) intoxication and / or alcohol intoxication and / or voluntary use of drugs and / or drugs and / or psychotropic drugs by the driver;

(Vii) movement of the motorcycle driven by driver not entitled to drive in accordance with the rules in force and, in the case of expired license, if the same, after the accident, is not renewed;

(Viii) use of the Motorcycle not differently from the provisions of the registration certificate with particular regard to the way of transportation of persons or property, unless the insured proves that the damage is not related to that fact;

(Ix) active or passive maneuvers push or hand; and mechanical failures, electrical and hydraulic system not directly resulting from impact, collision or rollover;

(x) any damage caused by and / or things transported;

(Xi) movement on the road that is not specifically designed for vehicle traffic (such as mule tracks, country paths, mountain trails) regardless of asphalting or not the road surface;

(Xii) act of willful damage (so-called act of vandalism).

It also does not apply to damages:

(I) suffered from wheels and tires; limited to damage to the rim, they will be compensated if damaged, in the same accident, the other part of the insured vehicle excluding tires;

(Ii) suffered from electrical installations, whether due to electrical phenomenon still manifested;

(Iii) caused by intake of water into the engine if not caused by impact, collision, overturning or going off the road;

(Iv) suffered from accessories / optional not declared in the policy, not permanently incorporated into the vehicle.

Art. 10.2 – In case of theft, the customer will respond and will have to compensate the Company for an amount of 500.00 Euro (five hundred Euros / 00)

Art. 10.3 – In the event of boarding of the motorcycle due to left to liability or negligence of the Customer, the Company shall be entitled to reduce that amount of the rental days remaining, not yet used by the customer involved in the repair of the motorcycle. If the rental days are exhausted or are inadequate, the customer shall pay for each missing day an amount equal to the daily cost of rent for the planned package. The customer can restore the missing days recognizing the company the cost of the rental for the days of the motorcycle stopped.

Art. 10.4 – In case of vandalism or breakage of some motorcycle parts caused by the driver, the customer will pay the company the entire amount of the bill/quote. In addition, the customer agrees to charge the above amount at any time on the credit card.

 

 

Art. 11 – Responsibility of the Company

Art. 11.1 – The Company is not liable to the customer or third parties for accidents or damage that occurs during the rental.

Art. 11.2 – The Company is not liable for damages caused by defective motorcycle, unless the defects were caused by negligence of the Company.

Art. 11.3 – Any property left in the motorcycle it is considered abandoned and the Company has no obligation to keep them and / or to return them.

 

 

Art. 12 – Payment

Art. 12.1 – The total amount will be paid in full by the customer when signing the Contract. No benefit is payable if payment is not made.

Art. 12.2 – In case of cancellation of the booking on internet, as a penalty, will be deducted 30%, up to a month before, and 50% up to 15 days before, the amount paid. Any amount will be refund with a cancellation 15 days before the reservation.

 

 

Art. 13 – Resolution of Contract

Art. 13.1 – The Company reserves the right, final, to resolve in accordance with art. 1456 cc the Agreement at any time, if the customer does not fulfill any of the contractual provisions in art. 2,3,4,5,6,7, 9 and 10. Art. 13.2 – The Company will not be liable for damages, whether the loss of profits or consequential damages, which the customer may incur for the early termination.

 

 

Art. 14 – Competent court

This agreement is governed by Italian law. For any dispute relating to the Services Agreement shall be referred exclusively to the Court of Bari.

 

 

Art. 15 – Privacy

The customer claims to have received from the Company the information on art. 13 and 14 of EU Regulation No. 2016/679 – General Data Protection Regulation (GDPR) and art. 13 Leg. 196/2003 contained in Annex C of which are hereby informed and who under the terms of this contract gives its consent that personal data concerning him are processed, also by means of electronic and / or automated and / or data communication, and of any communication-dissemination by the Company for the purposes notes in the information mentioned above.

 

 

Last update: 14 July 2018