Terms of contract
Terms of Contract
-Art 1-Object of the contract is the granting in use by the Lessor of a vehicle of the series and engine capacity chosen by the Customer (Customer means the subscriber of this contract) for a specified period of time and against payment of a fee, in the ways and terms indicated in the rental agreement. The landlord reserves the right to determine which specific model, within the class and the chosen displacement, must be delivered to the Customer.
-Art 2- The Customer must be at least 18 years of age and be in possession of a valid document. The Customer with the taking over of the vehicle, indicated in the rental letter, is obliged to ascertain the good state of maintenance and mechanical operation of the vehicle.
-Art 3- The vehicle is provided with the documents required by the law for circulation and is supplied equipped with the following accessories: chain, padlock, helmet and, at the Customer’s request, gloves and other clothing. Fuel is excluded, the cost of which remains the sole responsibility of the customer. In the event of failure to return the vehicle registration document or other documents accompanying the vehicle itself, the Customer undertakes to pay a sum equal to the rental fee as a penalty for the entire period necessary for the duplication of the same, except for compensation of the relative expenses and of the further damage.
-Art 4- The Customer undertakes to use the vehicle in accordance with the intended use and the limits indicated in the rental letter with the care and diligence of the good family man, and in particular not to sublease or rent, and not to have the vehicle sublet or rented to third parties, not to entrust the driving of the vehicle to a person other than that indicated in this rental agreement or in any case to a person who is not authorized to drive or otherwise to persons who are not of age.
In particular, the Customer is prohibited from using the vehicle:
(a) for the transport of persons and / or goods for commercial purposes;
(b) to tow vehicles, caravans, trailers and the like;
(c) in races, trials and races;
(d) outside the territory indicated by the Lessor, ie the Municipality of Rome for mopeds, and the national territory for the remaining vehicles;
(e) as a means of work;
(f) for a purpose contrary to the law;
(g) under the influence of drugs and / or alcohol;
(h) in places that are unsuitable and / or otherwise not open to traffic.
(i) Furthermore, the Customer undertakes not to entrust the use and / or in any case the use of the vehicle to third parties. Unauthorized and / or different use of the vehicle will result in the immediate termination of this contract, except for the right to compensation for greater damage. If, at the discretion of the Lessor, the Customer demonstrates an evident incapacity to drive the vehicle, the aforementioned company may proceed with the immediate withdrawal of the vehicle.
-Art 5- The Customer undertakes:
(a) to pay the fee in the amount indicated in the rental agreement, including any additional services;
(b) to take care of routine maintenance of the vehicle;
(c) to provide for the oblation and / or reimbursement of any administrative penalty and / or any other charge, imposed as a result of violation of the law and regulations, during the rental period, in addition to any costs associated with the request for reimbursement;
(d) to reimburse and / or indemnify the Lessor for all expenses, including legal expenses, which this should incur in order to obtain the fulfillment of the pecuniary obligations due in any capacity;
(e) to compensate the Lessor for damage to the vehicle, active and passive, as well as for the total and / or partial theft of the same and / or any other accessory, within the limits of an amount indicated as “deductible”, a conventionally limited amount except in the case of fraud or gross negligence of the Customer or other drivers. The amounts of the deductibles vary according to the type of the rented vehicle, and are present, in the “Rental terms” section in this form, with the name “Franchise theft” in the event of total or partial theft, and “Damage free” for damages of any nature to the leased vehicle. In order to provide for the payment of these amounts, the Customer provides his credit card details and accepts the debit from the landlord if required, alternatively the landlord reserves the right to accept a cash deposit, whose amount varies according to the rented vehicle shown in the rental letter under “Deposit”. It is understood from now on that the lessor reserves the right to return this amount no later than a maximum of 60 days, in order to comply with the provisions pursuant to Article 5 paragraph c of this lease.
(f) To relieve the Lessor. from any criminal, civil and administrative liability connected to the use of the vehicle suffered by the Customer and / or third parties.
(g) To this end, the Customer holding a credit card allows the relevant charges to be made to his account within 180 days from the date of notification of the sum due to the Lessor. for the hypotheses referred to in this article, and for all charges having title from the rental relationship including those necessary for the recovery of any kind of credit claimed by the Lessor towards the customer in relation to the rental relationship. In this sense, the Customer acknowledges that the cost for the completion of a practice relating to a possible charge is € 36.00
(h) If the customer cannot provide the aforementioned guarantee, a security deposit or the possibility that a third party lends itself as guarantor is provided.
(i) In the case of rental of bicycles, the Customer is obliged, at the time of delivery, to check that the vehicle is in the condition requested by him, in particular the adjustment of the brakes, saddle height, gear ratio and any other component of the vehicle itself. In this sense, the Customer undertakes in the first 30 minutes of the lease not to leave the premises to be able to check that the status of the vehicle is to his liking, and if not, replace the vehicle, or request the reimbursement of the lease, in this sense the Lessor agrees to reimburse the rental amount. After 30 minutes from the beginning of the lease until the fourth time of the lease, the Lessor will not be able to refund the amount of the lease in cash, in this case a credit note of the residual lease amount will be issued, to be used in other circumstances. Beyond the fourth hour of the lease, the Lessor will not be held responsible for any malfunction that may occur, and is not obliged to reimbursement in cash or as a credit note. In case of request and use of the seat for the transport of minors, the Customer has the obligation to check that the same is in the conditions suitable to preserve the safety of the transported person, moreover the Customer is obliged to respect the homologation criteria of the same seat , especially respecting the load limits.
(l) In the event of a puncture, the Customer undertakes to reimburse the Lessor for € 30.00.
(m) In the case of the lease of a vehicle intended for driving to obtain the driving license, the customer is obliged to notify the Lessor, in order to be able to carry out and deliver to the Customer any additional documentation.
-Art 6- the Lessor. is not responsible for any damage resulting from the use of the vehicle during the rental period or for the loss or damage to property owned by the Customer or third parties transported or left on the vehicle or for damage or / and inconvenience due to delay in delivery, failures and / or other events outside the Lessor’s power of control. In the case of rental of bicycles supplied with child seats, the Customer relieves the Lessor of responsibility for any damage that may arise from the use of the child seat itself.
-Art 7- The vehicle is made available to the Customer, provided with the original documents, at its rental points during opening hours and must be returned to the same place by the date indicated in the rental agreement, always respecting closing time. If the vehicle is not returned on the date and / or place indicated above, the Lessor can regain possession of the vehicle in any way, even forcibly. In this case, the Customer is obliged to reimburse the costs incurred for the recovery, in addition to any difference in the consideration calculated on the basis of the applicable tariffs. Furthermore, in case of delayed delivery, however, the Customer remains responsible for the actual delivery of the vehicle. The vehicle must be returned complete with the documents, equipment, accessories and with the same quantity of petrol present at the time of delivery by the Lessor: for this purpose, the aforementioned company proceeds to check the good maintenance and functioning and / or the integrity of the vehicle and / or its accessories. In the event of damage and / or loss, verified as a result of the lease, the Customer is required to pay compensation, even if these are detected after the return, but directly linked to the use of the vehicle by the Customer. Furthermore, the vehicle must be returned in the same state of cleanliness in which it is delivered by the Lessor: if the vehicle is excessively dirty, the Customer undertakes to clean it at his own expense.
(a) If the vehicle is returned to the Lessor before the time indicated in the rental agreement, the Customer is not entitled to a refund of the difference in the rent already paid, in the event that the Customer returns the vehicle with a quantity of petrol greater than that currently of departure, the Customer is not entitled to the return of the excess fuel, nor to the reimbursement of it.
(b) wheter the subscribed contract takes advantage of medium-long terms rates( 3-6-12 months) with a constraint duration, the Customer agrees to respect the full contractual duration. In case of earlier return the Customer is obliged to pay the contractual difference reparametrated to the actual duration of the rental, according to the rates valid at the time of return. In addition as a penalty, the Customer is obliged to pay the 50% of the remaining months, accordinlgly to the original contract duration up to a maximum amount equal to the “deductible” expected in case of theft or damages ( deposit)
-Art 8- the Lessor guarantees that the vehicle is covered by an R.C.A insurance guarantee with a deductible of 350€ to be applied for each active / passive claim, with a ceiling whose amount is available to the customer upon request. The Customer for compensation beyond this limit is required to indemnify the Lessor for any damage, cost, expense or loss also deriving from claims of third parties, possibly suffered or sustained by the same cause or in any case in relation to the related claim. –
Art 9 – In the event of a claim, the Customer undertakes:
(a) to notify the Lessor immediately. and strictly follow the instructions provided;
(b) to report it to the competent authority;
(c) to provide the Lessor with all the evidence, including testimonials, useful for the reconstruction of the dynamics and to determine the responsibility of the accident, within the 24 hours following the occurrence of the event, for this purpose:
(i) request the intervention and the recording of the incident to the Traffic Police, Carabinieri, or Municipal Police
(ii) collect the names and addresses of the witnesses present
(iii) if requested, also collaborate with the Lessor in the management of the causes that have occasion from the accident.
(d) The Customer, however, undertakes to pay the sums necessary for repairing the damage in advance; amounts that will be returned following a definitive decision that recognizes the reason of the Customer with respect to the claim, except for the case in which the Customer produces a C.I.D model with clear and signed assumption of responsibility by the counterparty.
(e) In the event of omissions and / or delays in the obligations indicated in this article, the Customer must compensate the Lessor for any consequent damage suffered (f) the Lessor reserves the right to ask the Customer for compensation for damages for lost profits, should the vehicle be brought for repair following a claim or damage.
f) The Lessor in the event of a claim is obliged to reimburse the R.C.A deductible of € 350. In the event that he produces a CID model with clear and signed assumption of responsibility by the counterparty, the amount will not be due .
-Art 10- In the event of theft and / or fire of the vehicle, during the rental relationship, the Customer undertakes to immediately report it to the competent authority and to deliver it to the Lessor, in addition, must return the keys and accessories of the half, possibly still in his possession; the rental fee is held until the delivery of the complaint / complaint return certificate. If the Customer does not return the vehicle’s ignition keys, he must reimburse a sum equal to the market value of the vehicle and / or accessories.
-Art 11- This contract cannot be transferred to third parties, unless otherwise agreed in writing between the parties. In this case the parties undertake to transmit to their successor the rights and obligations set forth in this agreement.
-Art 12- The modifications to the present contract must be agreed between the parties and formalized in writing.
-Art 13- The non-fulfillment of the conditions described above entails the termination of the contract by law and the consequent right of the Lessor to proceed with the withdrawal, even forced, of the vehicle, in addition to the right to compensation for damages.
-Art 14- If the deadline for the payment of the sums due to any reason is uselessly expired, the interests as of law apply.
-Art 15- The invalidity of one of the clauses contained in this contract does not entail the invalidity of the same, but the replacement of the null clause with that of law also, in the contrast between the present version and the contextual one in English, Spanish, French or German will prevail the Italian one. Versions in other languages constitute a mere translation.
-Art 16- For any disputes relating to the application and interpretation, the exclusive jurisdiction of the Court of Rome is recognized from now on.