GENERAL CONDITIONS OF THE RENTAL AGREEMENT
INTEGRAL PART OF THE CONTRACT ITSELF
A) OBLIGATIONS OF THE DRIVER
1) – The motorcycle indicated in point A) is made available exclusively to the persons who sign this deed, with absolute prohibition on transferring it to third parties for any reason, title or cause, including sudden physical illness that is not promptly documented by certification. issued by a.s.l or by a public medical service. Consequently, this contract is not transferable.
2) – The vehicle cannot be used outside national territories including the Republic of San Marino and the Vatican City state, excluding any other.
3) – The vehicle cannot be used for the transport of people or goods for remuneration or free of charge, to be used for uses other than the mere driving of the vehicle.
4) – The driver declares that he is perfectly familiar with the highway code and undertakes to observe it
Meticulously in order to avoid any infringement and violation; in case of use abroad, he is expressly obliged to know in advance the vehicle use and circulation rules in the countries he intends to cross;
5) – The driver declares to be in physical and mental conditions suitable for driving the vehicle, not suffering from impairment, illness, dependence or indisposition of any origin and type that could negatively affect the ability and possibility of driving.
6) – The driver declares to be familiar with driving motor vehicles, and to put it in circulation under his complete and exclusive responsibility. In this regard, he claims to have turned 25.
7) – The driver declares that the motorcycle is delivered to him in excellent working order, that it does not present any aesthetic and / or functional anomalies, committing himself to keep it and return it in perfect condition.
8) – The motorcycle must be returned complete with all accessories and components with which it was equipped at the time of delivery, in the place and final term (day and time) established in the contract in perfect storage conditions; otherwise the landlord can report the landlord for embezzlement or other prejudice or offense provided for by law, regulations of use, or for civil and criminal offense that it deems materialized, as well as requesting compensation for damage by way of a penalty agreed upon as quantified in € 300.00 per day. In this regard, even the fraction of an hour will be considered a complete day. In no case, except for exceptions expressed at the time of signing this contract, there may be an extension, in any case to be authorized by the lessor in advance and at least 36 hours before the expiry date.
9) – The driver declares to have received the ignition key and the use of the vehicle and the motor vehicle documents necessary to circulate, and undertakes to return them intact and functioning at the end of the rental period. The signing of this deed constitutes receipt.
10) – The driver must communicate in writing as soon as possible if he has incurred violations or infringements of the laws, if he has received complaints, reports, fines, and immediately notify if for any reason the vehicle is threatened or seized. It is also the tenant’s obligation to immediately notify the lessor in any case of anomaly or accident, even if only with damage to the vehicle. In case of notification of penalties beyond the term of the rental, which have not already been paid by the customer at the time of closing the contract, the customer hereby authorizes the lessor to transmit the penalty and a copy of the contract and personal data, and to charge € 50.00 from the credit card as reimbursement for administrative costs, without prior notice.
11) – The vehicle must be refueled with good quality fuel in order to avoid possible problems resulting from poor quality petrol.
12) – In the event that, for reasons of force majeure, the requested motorcycle is not available, as far as possible, La Ducatessa provides at no additional cost an equivalent or higher category of motorcycle and this will not entitle the customer to obtain any refund or any other form of compensation or to terminate the contract. In the event that an equivalent motorbike is not available, as far as possible La Ducatessa will supply a motorbike of a lower class, with a corresponding price reduction based on the current price list. In the event that the customer does not accept the bike, the customer will only be entitled to a full refund of the amount paid.
B) TERMS OF PERIODS AND RENTAL PRICE
13) – It is possible to rent the motor vehicle for a minimum of one day, with collection in the agreed place from 9.00 and return by 19.00.
In the event of a weekend booking, the vehicle will be collected from 6:00 pm to 7:00 pm on Friday and returned at 9:00 am on Monday with a maximum tolerance of 30 minutes.
The weekly booking provides for the delivery of the vehicle on Monday morning from 9.00 and return by 9.00 on the following Monday with a maximum tolerance of 30 minutes.
The reservation, exclusively by e-mail or directly at the Company, must take place no later than 24 hours before the rental start date and can only be canceled in the presence of proven force majeure completely unpredictable at the time of booking. Logically, the cause for cancellation must be communicated promptly and as soon as possible to the landlord.
Otherwise, a penalty of € 100.00 will be applied, even if the vehicle is not used.
14) – The driver at the time of collection of the motorcycle must be equipped with a helmet and suitable technical equipment: failing that, the delivery of the vehicle will be refused and the cost of one day of rental will be charged unless you pick it up with a means of transport (e.g. van).
If he intends to transport the passenger, the latter must also be equipped with a helmet and the minimum technical safety devices.
15) – During the rental, even if only for one day, the driver must carefully monitor the wear of the components, the fluid levels, the pressure and the condition of the tires, being held responsible for breakages and abnormal.
16) – The rental cost is identified in Annex A to this contract, it varies according to both the type of vehicle chosen, its equipment, and the rental period.
C) RULES OF CONDUCT – DAMAGES AND COMPENSATION
17) – The driver undertakes to use the vehicle with caution without exposing himself to risks and dangers due to high speed, not to carry out road races open to the public or in private places or racetracks; in particular, he will not be able to attend tracks or sports facilities for any reason, and must correctly observe the highway code.
18) – The vehicle must be used in such a way as to avoid any damage; it cannot be modified, tampered with, it must not be parked in an unsafe area, with a soft or unsafe road pavement, driven on the road, however not inhibited by common traffic and must always be left equipped with an anti-theft system.
19) – In the event that the vehicle reports damages that amount to a higher than the commercial value of the vehicle and if it is objectively impossible to repair it even for damage to essential components, the driver must indemnify the lessor of the market price of the vehicle.
20) – In the event of an accident, even if it is of a minor entity, the lessor must be immediately notified; the driver undertakes to immediately call the nearest police authorities for any useful assessment and rescue activity, without issuing any declaration of responsibility which, if issued, does not commit and does not imply any responsibility in any way for the lessor but exclusively the tenant so that , in this case, the landlord will be free to deny the declaration and to carry out any useful investigation.
The driver is obliged to take note of the names of any other persons and vehicles possibly involved, complete details, insurance institutions and any other useful element suitable for establishing the exact unfolding of the facts; within the following day he must send the lessor a detailed report of the incident, to the e-mail address of the lessor company.
The driver must in any case follow the instructions that will be provided to him by the company owning the vehicle or lessor regarding the custody, transport, shelter and repair of the vehicle.
If the vehicle is damaged, the driver undertakes irrevocably to indemnify them, as well as to bear any expense related to the complete management of the accident (including legal). In any case, he will be obliged to pay excess amounts and any charges, sums and encumbrances deriving from the rental contract.
Following any accident, the vehicle cannot be set in motion and circulated without a technically and administratively positive assessment of its efficiency; in this regard, the notice referred to in paragraph 1 above must in any case be given, and the procedure and instructions that will be provided to the tenant must be followed.
D) BREAKDOWNS AND INEFFICIENCIES OF THE VEHICLE
21) – If the vehicle, during its correct and correct use by the driver, should show failures not attributable to the same, the lessor must be immediately notified and will, if possible, replace the vehicle with another available one; in case of refusal of the replacement or impossibility of replacement, the customer will be entitled exclusively to a refund of the fraction of the rental time not used.
By express agreement and in the full awareness of the customer, any other compensation for damages is irrevocably excluded (by way of example only, and not exhaustively, ruined holidays, hotel reservations, holiday or entertainment facilities, nothing excluded).
22) – Where the customer, upon prior notice and prior express authorization of the lessor by e-mail, provides for a repair during the period of use, he will be reimbursed within the limits of its usefulness. In any case, it must be documented and the lessor reserves all checks and judgments of congruity in this regard.
Repairs due to puncture and any damage to the tires will be exclusively borne by the customer who undertakes, for reasons of vehicle safety, to notify the lessor of any event of this kind, providing a copy of any costs and list of works incurred.
E) SECURITY DEPOSIT
23) – At the time of signing the rental contract, the customer must deliver to the lessor the credit card of the major authorized circuits, on which the Company will be able to carry out any useful verification for the purpose of correspondence between the one indicated at the time of booking and the one physically delivered. In case of discrepancy or uncertainty, the rental or booking check will be immediately considered worthless. The amount of the deposit is related to the rented vehicle model.
The Company declines all responsibility for the abusive use or use of the credit card and for any harmful consequences that may arise for any other expenses incurred by the same for damage to the vehicle, non-payment of tolls or other charges related to the circulation and use of the vehicle.
The deposit that the Company withdraws at the time of signing the rental agreement can be unconditionally used to pay damages to third parties that involve the payment of excesses, damage to the vehicle (except in the case of amounts exceeding the capacity of the credit card) and any other cost associated with the use of the vehicle, including direct damages. Any damage, however, is borne by the renter even outside the capacity of the credit card.
F) SPECIAL RULES
24) – With the signing of the rental contract the customer only buys the possession of the vehicle and must unconditionally return it within the agreed final term.
25) – It is also possible to rent the vehicle for the weekend, with pick-up between 18.00 and 19.00 on Friday and return no later than 9.30 on Monday.
26) – Refueling must be carried out with fuel of the type indicated by the vehicle manufacturer (as well as any topping up with liquid and lubricant) at distribution systems that guarantee the quality of the product.
27) – The customer must immediately report any anomaly of the vehicle to the Company.
28) – Payment can be made by any lawful means, at the time of booking; the cancellation of the reservation must take place within 36 hours prior to the start of the rental; failing that, the Company may withhold the amount paid up to a maximum of € 300.00 as a penalty.
29) – The customer must issue a copy of the driving license at the time of signing the rental contract, and in this case he also authorizes the company to keep his personal data in accordance with the privacy legislation. Failing this, the motorcycle will not be delivered.
30) – In case of seizure of the vehicle, the company will charge the customer the full cost of both the custody, the daily cost calculated on the basis of the rental rates for the unavailability of the vehicle up to its release from seizure with a maximum equal to the replacement value of the vehicle on the expiry date of the rental period; in this case, once the aforementioned maximum value has been reached, after having collected the due sums, the vehicle will be in the name of the customer even if seized without any responsibility or consequence for the company.
31) – The return after the established time will result in the payment of an extra cost of € 50.00 if it occurs within one hour after the agreed time; the May delay will be considered equal to a single rental day.
32) – It is agreed to pay a penalty of € 600.00 if the license plate is lost, damaged or stolen and € 350.00 for failure to return or loss or theft of the ignition keys; in the event of theft or damage or loss of the navigator (where included) the equivalent value of the product will be charged to the new and most up-to-date model of the same brand; for the loss or damage of suitcases / bags, the amount will be paid and if, however, the missing model is no longer available on the market and therefore the pair of suitcases is no longer formable with the remaining one, the charge will be equal to pair of the new model produced by the same manufacturer.
33) – If the rental has a shorter duration than the period established in the contract for reasons not attributable to the grantor, no refund will be made.
34) – The parties agree that for any dispute the settlement of the relationship is given by this contract, by the general conditions above, by Annex A concerning costs and, residually, by the Italian Civil Code.
By express agreement, in no case can the driver be considered a customer in the meaning of the law also indicated in Law 206/2005 and subsequent amendments.
35) – The competent court, conventionally established, is that of Rome.
36) – The customer driver declares that this contract, also provided in Annex A, consists of 7 pages in addition to the annex, and that, prior to the signing at the bottom, he has read it carefully and understood it in detail.
In particular, he declares to have read all those provisions, prepared by the lessor company, which may involve contractual provisions for the driver, specifying that he has carefully read the contents of the learned articles indicated:
07- status and conditions of the vehicle;
08- Return and penalty for late delivery by the customer;
10- Obligation to communicate to the Company;
16- Rental costs and attachment A;
20- Behavior and obligations in the event of a claim; compensation for damage;
21- Exemption and waiver of compensation for damage in the event of vehicle breakdown;
22- repair of the vehicle by the customer;
23- Security deposit and use of the credit card in favor and by the Company;
30- seizure of the vehicle, financial charges and charges;
31 and 32- Penalties;
33- Waiver of indemnity for redelivery prior to the expiry of the contract and non-use of the vehicle by the customer;
34- Convention court also for issues potentially included in legislative decree 206/2005 (so-called consumer code and its amendments);
36- verification and approval of the attachment .;
The customer declares to have well understood the above rules, his own contractual obligations, any charges and prejudices, declares to share the content as prepared by the Company and to accept it unconditionally so that he consciously subscribes and approves it as a whole.