The Tenant declares to understand and accept all the clauses of the contract of the articles: A
B) Imperia Green S.R.L.S. with registered office in Imperia, Via Massabovi 114, VAT number 01749570089, telephone number +39 389 5245826 (hereinafter referred to as "the lessor"), makes the motorcycle in question described above available to the lessee for the agreed period.
C) The lessee certifies that the motorcycle is delivered in excellent condition, regularly maintained, with a full tank of fuel or battery charge between 80% and 100% (if the vehicle in question is electric), with liability coverage. By declaring with the signing of this agreement that he has viewed the vehicle and verified its excellent conditions, he deems the motorcycle suitable for the intended use.
D) Damage caused to the vehicle will be charged to the lessee, except for third party liability. The total amount of any damage will be charged to the credit card of the lessee who expressly accepts.
E) SECURITY DEPOSIT: The tenant pays the lessor, at the same time as signing this contract, the sum of €250 as a security deposit. This sum will be returned to the tenant upon return of the motorcycle, once the absence of defects or damages has been ascertained, if paid in cash, or automatically released after a period of between 4 and 30 days if retained by credit cards with a pre-authorization procedure. The deposit may be used in full or in part to cover any damage caused during the rental period with the addition of the cost of the damage assessment. The deposit may be used to cover the costs in the event of payment for any type of violation of the highway code, loss of keys or vehicle registration documents, or to cover damages to third parties in addition to the cases of theft or fire of the vehicle. The tenant is obliged to compensate the lessor for any damage resulting from the theft of the vehicle or parts of it not covered by the vehicle insurance policy. Failure to pay the deposit will result in the termination of the rental contract due to the customer who will authorize the lessor to retain 20% of the total rental amount as a penalty. The customer will pay or reimburse the lessor upon request.
F) With this agreement, only the possession of the motorcycle referred to in point one is transferred to the tenant, with the possession of the same remaining in the full availability of the lessor. The lessor reserves the right to terminate the contract in the event of violation of the articles of this contract at its sole discretion and request the tenant to immediately return the motorcycle in question, returning in this case only the difference in the rental price relating to the period of non-use, or withhold said amount if damage to the motorcycle is found to be of a value greater than the deposit paid.
G) General conditions (form an integral part of the rental agreement):
Art 1 Imperia Green S.R.L.S., as lessor, delivers to the lessee the vehicle best identified on the front of this agreement in excellent condition, perfectly functioning and in the same conditions, which must be returned to the lessor at the end of the rental period. The lessee, taking delivery of the vehicle by signing the rental agreement and specifically approving these general conditions, declares to have verified that the motorcycle is in good condition and suitable for the agreed use and to be in possession of a valid European driving license, or a valid non-European driving license for driving the motorcycle. The lessee undertakes not to provide false information about his/her personal details, age, address and the existence of the legal requirements for driving, expressly exonerating the lessor from any prejudicial consequences that may arise for the latter in the event of false declarations.
Art 2 The driver undertakes:
A) to drive the vehicle with an approved helmet on and to carry the passenger only with an approved helmet on, to look after the vehicle together with the equipment provided with the utmost diligence and in compliance with all legal provisions;
B) to ensure that the grease, lubrication and brake oil are in the necessary condition to guarantee the operation and safety of the vehicle during the rental period, to use the motorcycle with care and caution and not to subject it to high speeds and stresses or to use it in races and competitions. Any damage and breakdown suffered by the motorcycle due to negligence, fraud, carelessness, falls, accidents and dents will be considered the responsibility of the driver;
C) to directly pay any disputed fines and/or points deducted during the rental period, reimbursing the lessor for the relevant amount and the resulting expenses equal to 30 euros for each fine in addition to the amount itself.
D) The lessee undertakes to indemnify the lessor from any claim and/or request made by third parties for damages suffered by them and/or by their property in any way attributable to this rental.
E) The lessee undertakes to reimburse the lessor for any expense, including legal expenses, that the lessor may incur to obtain the fulfillment of the pecuniary obligations due for any reason, for example the expenses for unpaid motorway tolls. The lessee hereby agrees to the debit of such amounts, increased by the lessor, on his/her credit card.
F) It is understood that if, at the request of the tenant, the return of the vehicle and its keys has been authorised by the lessor during the closing hours of the business, the rental will end on the date and time of reopening of the business itself.
G) The tenant undertakes to return the vehicle in order and in the same conditions found at the time of rental. Any damage to the motorcycle will be found at the time of return and the related cost of restoration due by the tenant will be calculated.
H) The tenant acknowledges that he does not hold any real rights on the rented vehicle and on the accessories supplied, and therefore cannot dispose of them in any way.
Art 3 The tenant undertakes to use the vehicle personally and not to cede free of charge, for a fee and for any reason the use of it to third parties:
A) For the transport of people or things for a fee;
B) To push or tow objects;
C) Under the influence of drugs, narcotics, alcohol or intoxicants or other substances capable of impairing the ability to understand and react;
D) In races, competitions or speed tests;
E) For a purpose contrary to the law;
F) For driving in prohibited areas and in access or service areas to port areas or airports with limited traffic;
G) By a person not indicated on the rental letter as the driver;
H) By a person who has provided the lessor with false information about his/her age, name or address;
I) By a person who has not reached the age of majority.
Art 4 The lessee undertakes to compensate the lessor for any damage caused to the vehicle or/and parts and accessories thereof, as well as to reimburse the administrative management costs of the accident. The lessee undertakes to communicate within 12 hours of the event any accident, even a minor one, that occurred during the rental period of the motorcycle.
Art 5 In the event of an accident, the tenant undertakes to:
A) Immediately inform the lessor by telephone at 3895245826 or 3409748035 and to send him by email to info@greenet.city within the following 12 hours a complete detailed report on the form included in the vehicle documents (CID form);
B) Inform the nearest police authority;
C) Do not make declarations of liability in case of uncertainty about the dynamics of the accident;
D) Take note of the names and addresses of the parties involved and witnesses;
E) Provide the lessor with any other useful information;
F) Follow the instructions that the lessor will provide regarding the custody and repair of the vehicle.
Art 6 The lessee undertakes to compensate the lessor for any damage resulting from the theft of the vehicle or parts of it not covered by the insurance policy of the vehicle itself and to pay in full the value of the deposit withheld on the credit card.
Art 7 In the event of loss or theft of only the key of the rented vehicle, the lessee undertakes to immediately report the fact to the competent authority and deliver the original of the report to the lessor. The rental fee calculated on the basis of the rate established in the rental letter is also due for the days of non-use of the stationary vehicle. For the key replacement service, the tenant is required to pay the cost incurred by the lessor, indicated in the table. If the tenant does not deliver the original of the report to the lessor, the latter, after the vehicle return date indicated on the rental letter, may regain physical possession of the vehicle in any way, even against the will of the tenant, and the latter will be required to reimburse him for the expenses incurred as well as to pay the rental fee calculated up to the date of recovery of the vehicle and the cost of replacing the key.
Art 8 The vehicle must be returned without additional damage and equipped with all accessories, keys and documents existing upon delivery by the lessor, with the exception of company insurance coverage proposed and accepted by the customer at the time of booking.
Otherwise, the customer undertakes to pay one of the following penalties:
Description
Failure to return the helmet: €100
Violations: €50
Failure to refuel/charge the battery (if less than 80%): €30
Technical assessment for damage calculation: €200
Loss of keys: €100
Art. 9 The tenant undertakes to return the vehicle to the place and by the date indicated on the rental agreement or in any case as soon as the lessor requests it, with the same accessories and in the same conditions in which he received it, except for normal wear and tear. If the vehicle is not returned to the lessor by that date, the tenant must reimburse the lessor for each extra rental day in addition to all expenses that the latter will incur to regain physical possession of the vehicle in addition to the loss of earnings caused by the unavailability of the vehicle and compensation for any damages suffered.
Art 10 The driver who pays the agreed amount for this rental by credit card authorizes that all charges provided for in these general contract conditions are made by the lessor directly through the same credit card.
Art 11 The lessor cannot be held responsible towards the driver or the driver of the motorcycle and/or his passengers for damages of any nature that they may suffer due to a malfunction of the vehicle or road accidents. Likewise, the lessor cannot be held responsible for any type of damage occurring as a result of theft, riots, wars and/or causes of force majeure and fortuitous event. Any objects forgotten by the driver on the motorcycle being rented will be considered abandoned and the lessor is not required to guard or return them.
Art 12 The lessor authorizes the driver to drive the motorcycle up to a maximum radius of 120km from the place of delivery of the vehicle.
Art 13 This rental contract is governed by Italian law. All disputes that may arise in relation to the validity, interpretation, execution or termination of this contract will be devolved to the exclusive jurisdiction of the court of Imperia.
Art 14 No modification may be made to these conditions without the consent of a representative of the lessor with appropriate written power of attorney.
Art 15 In the event of late payment of the amounts due, the interest rate determined by the European bank will be applied increased by three percentage points, for which a regular invoice will be issued.
Art 16 The invalidity of any provision of this contract will not result in the invalidity of the rental contract in its entirety.
Art 17 Declaration of consent to the processing of personal data pursuant to law 675/96 on privacy. The tenant, having received the information, gives his consent for the lessor to communicate his personal data common to the subjects and for the purposes indicated in the aforementioned information. The processing of common personal data, communications and subjects and for the purposes indicated, both necessary and optional (sub b and sub c), include the protection of credit risk and commercial initiatives.
Art 18 Rental methods
Daily and multi-day rates as per the table in the brochures provided and information that can be requested on the website info@greenet.city.
Prices include VAT and liability insurance.
The driver must have a valid driving license for driving the vehicle covered by this contract.
Art 19 The rental reservation requires the payment of a deposit equal to 50% of the rental cost retained with a pre-authorization service on the driver's credit card. Any cancellation of this reservation, if communicated within 30 days from the date of start of use of the vehicle, will cause a penalty equal to 30% of the total rental amount. If the cancellation occurs after the 29th day, no refund will be available and nothing will be owed to the driver.
Art 20 Limitations of liability of the lessor Within the limits established by current legislation, the lessor Imperia Green S.R.L.S. cannot be held responsible and the tenant waives any claim against the lessor for any damage suffered by him or by third parties resulting from the use of the rented vehicle or for loss or damage to the tenant's property left in the vehicle or for damage or inconvenience resulting from delay in delivery of the vehicle, unforeseen events or breakdowns and any other cause beyond the control of Imperia Green S.R.L.S. In any case, the tenant cannot request any compensation for damage from the lessor.
Art 21 Motorcycle breakdown In the event of a technical breakdown of the rented vehicle not attributable to the customer and which precludes the possibility of using the vehicle, the lessor will, if possible, replace the vehicle with a similar one. If this is not possible, the lessor will reimburse the tenant for the unused portion of the rental period already paid. Any puncture of the tire must be repaired at the expense of the tenant and it is mandatory to report the puncture to Imperia Green S.R.L.S. for obvious reasons of vehicle safety. Abandoning the vehicle and going outside of Italy entails the obligation of the driver to reimburse all direct and indirect expenses necessary for the recovery of the vehicle.
Art 22 Seizure of the vehicle In the event of seizure or confiscation of the motorcycle by the judicial authority for reasons attributable to the driver, the company Imperia Green S.R.L.S. will charge the driver the daily rental cost calculated on this contract, until the vehicle is released, a maximum amount equal to the replacement value of the vehicle on the expiry date of the agreed rental period. In the event that this maximum amount is reached, the company Imperia Green S.R.L.S., after having collected the full payment of the amount foreseen, will proceed to transfer ownership of the seized or confiscated vehicle in favor of the driver.
Pursuant to and for the purposes of articles 1341-1342 of the civil code, I declare that I have carefully read and specifically approve the clauses set out in articles: A-B-C-0-E-F-G and art: 1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23.
