1 GENERAL TERMS AND CONDITIONS
By taking the vehicle into custody, the Customer is appointed as its custodian, and specifically declares that he fully knows and accepts all the present clauses and conditions of the contract. The Customer acknowledges that he does not have any real right on the rented vehicle and the accessories supplied and that he cannot dispose of it in any way. By accepting this contract, the Customer also declares that he / she is of an appropriate age and in possession of the correct type of driving license. DOCUMENTS REQUIRED FOR RENTAL: details of the Driver’s license and tax code. SUD EST RENTAL RAID di Perego E. (hereinafter referred to as “Lessor”) delivers to the Driver (hereinafter referred to as “Driver” and / or “Customer”) the motor vehicle indicated in section A of this contract in an excellent state of maintenance and condition and it must be returned in the same condition by the Lessee to the Lessor at the end of the rental period. The Driver, taking custody of the vehicle by signing the rental contract and specifically approving these general conditions, declares that he has verified that the motorcycle is in a good state of maintenance and condition and therefor suitable for the agreed use. The Driver guarantees not to provide false information on his personal details, his age, his address and the existence of the legal requirements for the qualification to drive, explicitly exempting the Lessor from any legal consequences as a result of false statements. Those who enter into a lease in the name or on behalf of a third party jointly and severally respond to the execution of the obligations of this rental agreement. The Customer is responsible, in any case, for the actions and omissions of anyone who drives the motorcycle.
2 OBLIGATIONS OF THE DRIVER
The Driver undertakes:
2.1. To drive the vehicle always wearing a homologated helmet, to treat the vehicle, together with the equipment supplied, with the utmost diligence and in compliance with all legal regulations. 2.2. To use the motorcycle with care and prudence, not to subject it to high speeds and excessive use or use it in races and competitions. Any damage and breakdown suffered by the motor vehicle due to negligence, willful misconduct and neglect (falls, accidents, dents) will be considered to be paid by the Driver.
2.3. To provide for the payment of any fines, tolls, and parking tickets he was charged with during the rental period.
2.4. To release the Lessor from any claims and / or charges made by third parties for damages suffered and / or damages suffered to their property related to this rental.
2.5. To return the vehicle in order and in the same condition found at the time of rental. The Driver undertakes to pay the recovery of damages to the motorcycle found at the time of the return.
2.6. To recognize that he does not hold any real rights on the rented vehicle and on the accessories supplied and, therefore, that he cannot dispose of it in any way.
2.7. To fully relieve the Lessor of any economic claim made by third parties for any damage suffered directly or indirectly by the Customer.
2.8. Not to give for any reason, except the consent of the lessor, the use of the motorbike rented to another person.
2.9. Not to use the motor vehicle where traffic is restricted or prohibited and in case of the event of a seizure of the vehicle to pay the Lessor every day of storage and the related costs for the recovery of the seized vehicle.
2.10. The lessor reserves the right to take possession of the vehicle at any place and time in the event of violation of the provisions of this article.
2.11. Not to allow in any case that the vehicle is driven by a person under the age of 18 or by a person without a driving license valid in the state of Italy, and accepts the responsibility for the persons whose information he has provided.
2.12. Not to rent the motorcycle to others in any form.
2.13. To take care of routine maintenance, check the levels of lubricants and brake oil, in order to ensure the correct operation of the vehicle itself. He undertakes to compensate directly damages to the Lessor caused by a lack of routine and mandatory maintenance for which he declares himself fit to provide.
2.14. To comply with any customs, tax or highway code regulations, directly or indirectly connected with the use of the rented vehicle. Any damages caused by failure to comply with the clauses listed above are therefore the responsibility of the Driver.
3 COMMITMENTS OF THE DRIVER
The Driver undertakes to drive and use the vehicle:
3.1. Not under the influence of drugs, narcotics, alcohol or intoxicants or other substances suitable for impairing the ability to understand and react.
3.2. Not in racing, on the track and in competitions or speed tests.
3.3. Not for a purpose contrary to the law.
3.4. Outside the national territory of Italy without the Lessor’s authorization and without the appropriate additional insurance, if required.
3.5. Not for the transport of people and / or things for commercial purposes
3.6. Not for pushing or pulling vehicles, trailers or other things
3.7. Not in violation of any customs, traffic or other rules.
4 LIMITATIONS OF LIABILITY OF THE LESSOR
The Lessor cannot be held liable towards the Driver, or the Driver of the motorcycle and / or his transported, for damages of any nature, including economic detriment, that they might suffer by default of vehicle operation or road accidents. And so also the Lessor cannot be held responsible for any type of damage that occurred as a result of thefts, riots, wars, causes of force majeure and unforeseeable circumstances.
5 BOOKINGS AND CANCELLATIONS
The booking of the vehicles can be made by email at firstname.lastname@example.org or with a special booking form on the website www.sudestraid.com. When booking the vehicle, the Customer must provide a copy of the driving license, identity document and tax code as well as his personal data. The renter must pay 30% of the rental rate at the time of booking. The renter undertakes not to provide false documents and / or false information by assuming all responsibility deriving from the violation of this clause. In the event of cancellation of the booking by the Driver, the Lessor will return the sum received unless the cancellation is made less than fifteen days before the start of the lease period. The Lessor will return the sum by retaining 15% of the booking value if the cancellation occurs less than fifteen days from the Lease period, and 30% if the cancellation occurs less than 7 days.
6 DELIVERY AND RETURN
The place of delivery and return is established at the time of booking and is indicated in section A of this contract. Upon delivery of the motor vehicle, the Customer is required to check the conditions of the rented vehicle and he must report any comments on the state of the bodywork or mechanics in writing. The vehicle must be returned in care of an appointee. In the event of a delay in delivery of more than 180 minutes from the agreed time, the Customer will be required to pay a penalty equal to one day of rental. The vehicle must be returned with all the accessories, keys and documents existing upon delivery by the Lessor. Otherwise the Customer agrees to pay a penalty (see article 14). In the event of delay or advance of a rental contract by the Customer’s choice, or in any case not by necessity, fault or request of the Lessor or for technical failures to the vehicle not attributable to the Customer, it will not be possible for the same to obtain a refund for the part of fee relating to the period of non-use of the vehicle. The renunciation of a booked rental entails the Lessor’s right to forfeit the sum forfeited as a deposit. If the vehicle is not returned to the Lessor by that date, the Lessor will be able to regain material possession of the vehicle in any way, even against the will of the Customer, and the latter will be required to agree to pay the costs incurred. If the Customer intends to extend the rental period beyond the limit established in the C.s.n. he must immediately notify the Lessor and await written authorization. In this case, the rental costs established in the C.s.n. If the extension has not been requested, the Customer must pay the Lessor the sum of € 150 (civil code 1382) for each day of delay as a penalty.
At the time of the reservation it is required to pay a deposit equal to 30% of the rental costs, while the balance must be paid upon delivery of the motorbike. Payments can be made by credit card, by bank transfer to the bank account indicated by the Sud Est Rental Raid of Perego E. or in cash (ATM and electronic and prepaid credit cards are not accepted). As credit cards are only accepted Visa, MasterCard and Maestro, with the numbers of the credit card stamped in relief.
8 SECURITY DEPOSIT
At the time of delivery, the Customer agrees to pay, as a deposit, € 1,000.00 authorized by credit card. The security deposit is cut in half if the rental takes place during a tour, trip or any activity organized by Sud Est Rental Raid. Failure to pay the deposit will result in the termination of the rental contract due to an act attributable to the Customer and authorizes the Lessor to retain the sum already paid by booking the rental, up to a maximum of 50% of the total rental amount, as a penalty. The Customer at this moment authorizes the Lessor, at the request of the same, to withdraw the amount:
a) of an additional day – 24 hour rate – of rental for each day or part of the delay of more than 180 minutes from the agreed time for the return of the vehicle,
b) costs for damages, theft and fire according to the rates in force;
c) € 15.00 for missing fuel if the Customer does not return the vehicle with at least the same quantity of fuel supplied at the time of delivery (full of tank);
d) costs for failure to return the vehicle to the Lessor’s premises, including transport or towing costs and reimbursement of costs for the recovery of the vehicle, except in the event of mechanical failure attributable to the manufacturer of the vehicle;
e) any fines, penalties, court fees or other taxes imposed on the Lessor and the related credit recovery operating costs deriving from the use of the vehicle during the rental, with the exception of the administrative or legal costs attributable as gross negligence to the Lessor. In this case, however, the Customer, or any other person, will not be relieved of direct responsibility towards any authority for their illegal conduct.
9 INSURANCE COVERAGE
All vehicles are covered by public liability insurance (RCA) in accordance with current laws that cover damage caused to third parties, excluding the Driver. The validity of the insurance coverage made available by Sud Est Rental Raid is subject to compliance by the Customer with all the relevant provisions, in particular it is known that the rented vehicles are approved for road use. For insurance purposes the use on non-road routes may invalidate the terms of validity of the insurance.
APPLICABLE INSURANCE CONDITIONS The insurance contract is regulated by the following guarantees: CIVIL LIABILITY with a ceiling of € 7,290,000.00 and a deductible of € 500.00. Having the Contractor benefited from a premium reduction for declaring that the vehicle will never or almost never be driven by “inexperienced” Drivers (under the age of 25 or less than two years of driving license), if the vehicle is driven by such a Driver, an additional deductible of Euro 350 applies to the warranty.INJURIES of the Driver with an insured sum of Euro 25,000.00 for death or permanent disability and with a limit of 20% of Euro 25,000.00 for reimbursement of medical expenses, without any limit. In addition, if the Driver has an accident driving the insured vehicle that entails hospitalization, the Company will pay a sum equal to 0.1% of Euro 25,000.00 for each day of hospitalization, starting from the first and up to that day. Accepting the rental contract, the Customer declares to know the maximum value of the policy. After exceeding this ceiling, the insurance company will not reimburse any type of damage caused by the Customer. Therefore the responsibility will fall again and entirely on the Customer. The Customer is not guaranteed by insurance coverage
1 – For damages to the rented vehicle when these have been caused in accidents in which the Customer is responsible for.
2 – When the vehicle is used for illegal purposes, for speed competitions or races of all kinds.
3 – When the rented vehicle is driven by a person under the influence of alcohol or drugs.
4 – For damage intentionally caused, or occurred due to non-compliance with the rules of the highway code, or caused by negligence by the Customer.
5 -For damages for civil liability and damages to third parties and things beyond the policy limits. 6 – For damages deriving from theft and fire. The Customer is responsible in case of theft or fire of the vehicle. This liability is conventionally limited, except in the case of willful misconduct or gross negligence of the Customer, to a maximum amount which varies according to the rented vehicle and is indicated as “excess” in the rental agreement. The damage suffered is entirely borne by the Customer in case of willful misconduct or gross negligence by the Customer and in cases where the insurance does not fully compensate the damage. The Sud Est Rental Raid may, at its unquestionable judgment, not grant a replacement vehicle in the event of theft, fire or serious accident of the rented vehicle, regardless of the reasons that led to the event. The insurance policy is not effective in the event of damage caused by the Driver of the rented vehicle with willful misconduct or gross negligence. The Customer agrees to indemnify and compensate the Lessor for any claim and for any excess damage not secured in the insurance coverage of the policy which he declares to have read when signing these conditions.
If a claim occurs, the Customer undertakes:
1 – To protect the rights of the Lessor. It also undertakes to provide the names and addresses of the persons involved in the accident and of any witnesses. To promptly notify the Sud Est Rental Raid by telephone of the accident and to deliver the duly completed and signed CID model within 24 hours.
2 – Follow the instructions that the Lessor will provide regarding the safekeeping and / or repair of the vehicle. The Driver also undertakes to compensate the Lessor for any damage caused to the vehicle or to parts and accessories thereof, as well as to refund the administrative management costs of the accident.
In the event of a technical failure of the rented vehicle not attributable to the Customer, and which prevents the possibility of using the vehicle, the Lessor will, if possible, replace the motor vehicle, not necessarily the same model. In the event of impossibility, it will reimburse the renter of the unused part of the rental period already paid, (compensation for further damages is conventionally excluded). Any tire puncture must be repaired at the expense of the Driver. The abandonment of the vehicle without authorization entails the obligation of the renter to reimburse all the direct and indirect costs necessary for the recovery of the vehicle and a penalty of €. 250.00 (two hundred and fifty / 00 euros). For any repair, the Customer is required to request authorization from the Lessor. Authorization is not necessary for repairs which costs do not exceed € 100.00. The lessor agrees to reimburse the Customer upon presentation of an invoice made out to SOUTH RENTAL RAID and only if the intervention is not due to mechanical negligence, or caused directly by the Driver due to accidental fall.
12 ADMINISTRATIVE SANCTIONS AND TICKETS, TOLLS
The Customer undertakes to communicate to the Lessor any dispute for violations of the C.d.S. (Italian road traffic law) or other legislation committed during the rental time and to immediately transmit the report notified to him. Failing this, the Customer will be liable for any damage caused by this omission, except in the event that the violation is attributable exclusively to the Lessor. The Customer will be directly responsible before the Authority that imposed the financial penalty and undertakes to pay or reimburse related unpaid motorway tolls and any other financial penalty in addition to any expenses.
3 SEIZURE OF THE VEHICLE
In case of seizure / confiscation of the motorcycle by the judicial authority for reasons attributable to the renter, Sud Est Rental Raid will charge the renter the daily rental costs calculated in this contract, until the seizure of the motorbike ends.
Loss and / or damage and / or theft of documents €. 250.00
Loss and / or damage and / or theft of keys €. 250.00 or more
Loss and / or damage and / or theft of the license plate € .300.00
Vehicle abandonment €. 250,00 plus recovery costs
15 RENTAL PROVISIONS
The prices shown are inclusive VAT and third party liability insurance with deductible in the event of a claim. The rental contract can be viewed upon booking the vehicle on the web site and will be sent by email from Sud Est Rental Raid to the email address communicated by the Customer. The rental is subject to the possession of a valid driving license A2 – AB achieved at least 2 years earlier. Also the Driver must be at least 21 years old. Rental with a learner’s permit is not allowed.
The Customer undertakes to indemnify Perego e Sud Est Rental Raid. from any liability to himself (the Customer), the Driver, and third parties, and to the assignees, for damages of any nature including the economic damage of the same suffered in person or goods as a result of malfunction of the vehicle or road accident, or for any other reason. In any case, the Lessor cannot be held responsible for any type of damage that occurred as a result of thefts, riots, accidents, earthquakes, fires, bad weather, wars or causes of force majeure and unforeseeable circumstances. Within the limits established by law, the Lessor cannot be held responsible, and the Customer renounces for himself and for his own heirs or successors to make any and all claims against them, for any damage suffered by the Customer or third parties deriving from the use of the rented vehicle or for loss or damage to property owned by the Customer left in the vehicle or for damage or inconvenience resulting from delay in delivery, breakdowns or any other cause beyond the control of the Lessor.
The rental relationship referred to in this agreement is regulated exclusively by Italian law. For any controversy deriving from the relationships regulated by the “Contract Documentation” the responsible Court is the one of the registered office or residence of the Lessor as the exclusively competent one.
Should there be a difference in the Italian version and the contextual version in English of this contract, the Italian one will prevail, of which the English version is a mere translation.
Pursuant to articles 10 and 11 of Law 675/1996, containing provisions for the protection of people and other subjects regarding the processing of personal data, Sud Est Rental Raid informs the Customer that the collection and processing of personal data will be carried out by the lessor with the following purpose: a) to execute contractual obligations; b) send information material; c) to fulfill obligations established by laws and regulations, including EU ones, as well as by provisions imparted by legitimate authorities and by supervisory and control bodies; The treatment will take place in compliance with the rules of confidentiality and security provided by law, by the Sud Est Rental Raid or even through third parties. Sud Es Rental Raid informs the user that the provision of data relating to identity, domicile and payments is essential for the execution of the contract and that therefore failure to provide consent will be an impediment to the provision of the services offered. 13 of Law 675/1996 recognizes the following rights:
– free access to the register kept by the Guarantor for the protection of personal data, to verify the existence of data processing that may concern you;
– be informed about the Data Controller and, if appointed, about the Data Processor, as well as on the purposes and methods of the processing;
– cancellation, transformation into anonymous form or blocking of data processed in violation of the Law;
– updating, rectification or integration of data;
– certification that the operations referred to in the preceding points have been brought to the attention of the subjects to whom the data have been communicated or disseminated;
– object to the processing of data for legitimate reasons;
– object, in whole or in part, to the processing of data concerning you for the purposes of commercial information, for sending advertising materials or for direct sales or for carrying out market research or interactive commercial communication and to be informed by the Owner the possibility of exercising this right free of charge. The data controller pursuant to Law 675/1996 is Sud Est Rental Raid against which you can exercise the rights provided for by art. 13 of Law 675/96. Received the information pursuant to art. 10, taking note of the rights referred to in art. 13 Law 675/1996, I consent to the processing of my data by Sud Est Rental Raid. In the event of a contractual breach, personal data may be disclosed or transmitted to third parties for the sole purpose of allowing the recovery of the credit. Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, I declare that I have read carefully and specifically approve the clauses and art. listed above. The act of booking by the Customer and the related payment of the fee equal to 30% of the total cost of the tour also identifies the manifest acceptance by him of the terms and conditions of this rental agreement. The Customer declares to take full knowledge of it and to accept the general rental conditions..
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