The parties agree and stipulate that the rental will be governed by the following AGREEMENTS AND CONDITIONS:
1) PERSONAL DATA AND DRIVING LICENSE: the customer agrees to not provide false information on his general information, age, address, and driving requirements, expressly exempting the lessor from any prejudicial consequences arising in the event of false declarations. The customer must have a valid driving license for the qualification to drive the rented vehicle since he is not subject to legal restrictions or provisions of the judicial or administrative authority. In the case of a customer coming from countries outside the EU, it will be necessary to present the international driving license, provided that the State of origin is a signatory of one of the Conventions concerning driving which Italy adheres to or the Geneva Convention of 1949 or that of Vienna in 1968. Citizens of States that ate not signatories of either of the two Conventions may drive in Italy if they have their national driving license and a translated copy of the same by request from the Italian embassy in the country of origin or the embassies and consulates of your country in Italy.
2) ASSIGNMENT OF THE VEHICLE: The scooter is given to the customer with a full tank of fuel, supplied with standard equipment, accessories (helmet, anti-theft system), and circulation documents of which the customer becomes the custodian in all respects. The vehicle is delivered in excellent condition of storage and operation, without defects, in the state documented by “Attached ” which is attached to this contract and the customer with the subscription of the same declares to have viewed it, to have verified the excellent conditions and consider it suitable for use. With the present agreement, only the possession of the vehicle is transferred to the customer, the possession of the same remaining in the full availability of the lessor. The customer acknowledges that he does not hold any real right on the rented vehicle and on the accessories supplied and, therefore, that he cannot dispose of them in any way.
3) CONDITIONS OF USE: Only the client is authorized to drive the scooter, therefore he assumes all risk and responsibility in the case of entrusting the driving of the vehicle to third parties and also for other effects of the art.116 paragraph XII of the traffic laws concerning the assignment to a person without a guide license. The sub-rental of the vehicle to third parties in any form is strictly prohibited. Furthermore, the customer must not in any case use or allow the vehicle to be used: (a) for the transport of goods and/or persons for commercial purposes; (b) to push or tow vehicles, trailers, or other things; (c) under the influence of alcohol, drugs, hallucinogens or any other substance capable of impairing consciousness and vigilance; (d) fòr purposes contrary to the law.
The customer is required to use all the anti-theft devices with which the vehicle is equipped, whenever this is parked and left unattended. The customer assumes the obligation of not refueling the rented vehicle with fuel other than the one intended; to not repair and/or have others repair the vehicle without the Lessor’s consent; to replace damaged tires at his own expense in the event of punctures. The return of the vehicle with repaired tires is not permitted. The rates include limited mileage of 100 km per day.
4) RULES OF THE CURRENT ROAD CODE: The customer declares to be aware of the regulations of the current traffic laws. In any case, the lessor has informed the client about the main rules, with particular reference to the legislative discipline on the use of the helmet, the speed limits, and the consequences deriving from their non-compliance.
5) INSURANCE: “MOTOSERVICE RENT” has provided the customer with a copy of the insurance contract, and therefore the customer declares to know, accept and undertake to respect the conditions of the insurance policy. The rented motor vehicle is covered by liability insurance.
a) On request, MotoServiceRent offers, as an additional service, the option “Limitation of Liability Damages”, adding to the daily basic rate the extra cost of 20 € per day. This option provides for a deductible of € 300, which means that the customer is still required to pay part of the damage. The “Limitation of Liability for Damage” option, if accepted, limits the financial liability of the renter in case of damage to the vehicle (its parts and accessories) for causes other than theft, attempted theft, or fire, provided that the vehicle has been used in accordance with the terms of the rental agreement. If this option is refused, the customer will be held fully responsible for the commercial value of the vehicle. Please note that even if the “Limitation of Liability for Damage” option is accepted or included, all rentals will be subject to a non-refundable indemnification penalty for which the customer is liable in case of damage to the vehicle during the rental. The “Limitation of Liability for Damage” will be considered null and void in case of gross negligence of the renter or additional drivers (e.g. failure to assess the height of the vehicle, driving on roads from sub-optimal conditions, improper use of the vehicle, contribution to damage/theft of the vehicle) including, in particular, the following cases: (collision with the top of the vehicle or against projecting objects; collision with a barrier too low below which the vehicle cannot pass; collision with a parking barrier before it is fully opened; driving on rough roads without due attention, with consequent damage to the chassis; driving on the beach, with consequent damage caused by salt water and/or sand; driving on flooded roads, with consequent damage to the engine; wrong fuel use in the tank or other fuel contamination; damage caused by lack of attention to a warning light; damage to rims caused by driving with deflated tyres; insertion of unauthorized objects inside or outside the vehicle; transport of particularly dirty or smelly material, such as to cause additional cleaning costs, or which has damaged or burned the interiors; damage caused by the locking of keys in the vehicle or their loss). (see bottom of page)
b) On request, MotoServiceRent offers, as an additional service, the “Theft Liability Limitation” by adding to the basic daily rate the extra cost of 20 € per day. This option includes a deductible of 500 € that the customer is still required to pay. “Theft Liability Limitation” limits the financial liability of the renter in the event of loss or damage to the vehicle (its parts and accessories) as a result of theft, attempted theft, or fire, provided that the vehicle has been used in accordance with the terms of the rental agreement. “Theft Liability Limitation” shall be deemed void in the event of gross negligence by the lessor or additional drivers (e.g. misuse of the vehicle, contribution to damage/theft of the vehicle) including, in particular, the following: (damage caused by the locking of the keys in the vehicle or their loss; loss of the vehicle caused by the non-use of the anti-theft system (if provided); loss of the vehicle when you are not able to return the keys. Please note that despite the “Theft Liability Limitation” being included, all rentals will be subject to a non-refundable indemnification penalty for which the customer is liable in case of damage or loss of the vehicle during the rental). (see bottom page)
6) LIMITATIONS OF LIABILITY OF MOTOSERVICE RENT: Within the limits set by the law, the landlord cannot be held responsible, and the customer renounces for himself and his heirs or assignees to advance any and all claims against the lessor for any damage suffered by the client or third-parties as deriving from the use of the rented vehicle, either due to loss or damage to property owned by the customer or third parties left in or on the vehicle.
7) INSURANCE CLAIMS: If there is a claim, the Customer agrees to immediately:
a. inform the Lessor by telephone, sending him a complete detailed report on the vehicle registration form (CID model) in the following 24 hours; b. inform the police authority; c. Not to issue declarations of responsibility in case of uncertainty on the dynamics of the accident; d. taking note of the names and addresses of the parties and witnesses; e. provide the Lessor with any other useful information; f. Follow the instructions given by the Lessor regarding the custody or repair of the vehicle
8) RETURN OF THE VEHICLE AND RESPONSIBILITY FOR CUSTOMER DAMAGES: The Customer undertakes to return the vehicle and the relative equipment to the agreed date and time between the parties before the start of the rental, in the same conditions of delivery, and therefore also undertakes to replenish any shortages and reimburse all the damage caused. The Customer assumes the obligation to
9) CHARGES: The Customer will pay or reimburse the Lessor, at the request of the same, the amount:
I. In the event of theft or fire, the cost of the entire scooter;
II. The debit of any fines, penalties, court costs, and related credit recovery costs deriving from the use of the vehicle during the rental. In this case, the Lessor will send to the Customer, via registered letter with return receipt, the invoice with the enclosed copy of the fine, and the rental contract. The customer will be required to pay the invoice within 10 days of receiving it.
Ill. Charges, in case of the administrative stop. of the daily rate increased by 25%, for each day in which the vehicle is not in use
IV. Charges, in case of exceeding the limit for limited mileage, equal to 0.50 euros for each extra KM that has been traveled.
10) PENALTIES: LOSS: Keys EUR 50.00, circulation documents EUR 350.00; Helmet EUR 45.00, Anti-theft EUR 25.00;
RETURN OF THE VEHICLE WITHOUT THE TANK OF FUEL: EUR 20.00
FAILED RETURN AT THE ESTABLISHED TIME: After an hour of delay a day’s rate; After one day of delay, a daily rate increased by 15% for each day of the first week; starting from the first day of the second week the daily rate will be increased up to 25%
11) JURISDICTION: For any dispute that may arise regarding this contract, the court of competent jurisdiction is Torre Annunziata
12) LANGUAGE: The Italian text will prevail in case of conflict with the text translated into other languages.
By articles 1341 and 1342 of the Civil Code, the Client specifically declares to have read the agreements and the conditions referred to in points I-2-3-4-5-6-7-8-9-10-11-12 of the present contract.
According to the art., 13 D. lags. 30 June 2003 n. 196, we inform the customer that the owner responsible for the processing of personal data is Scarfato Alberto, as Legal Representative of the company MOTOSERVICE RENT S.R.L, which is based in Sorrento (NA), in Via Corso Italy n. 260, VAT number 091 12141214. That said, the Customer specifically declares to authorize the processing of data concerning him, including the communication of the dissemination of the same to third parties exclusively for purposes connected with the performance of the activities of the MOTOSERVICE RENT. This applies to all data collected, up to the revocation of the data owner.
