General Conditions (They are an integral part of the Rental Agreement)
Art. 1
The firm Sorrento Italian Style Ltd. (hereafter named the '' Lessor '') delivers to the Renter (hereinafter referred to as Lessee/ ''Driver '') the best vehicle identified in the following Agreement, in excellent condition and in the same conditions must be returned by the Renter to the Lessor at the end of the rental period.
The Lessee taking over the vehicle, by signing the rental contract and the specific approval of these terms and conditions, claims to have verified that the motorcycle is in good condition and fit for the use agreed.
The Lessee agrees do not provide false information on personal details, age, address and to have the legal requirements for driving, expressly exonerating the Lessor from any prejudicial consequences which derive therefrom in Case of misleading statements.
Art. 2
TheLessee/ Driver undertakes:
a. To drive the vehicle wearing the endorsed helmet, to carry the passenger only wearing the endorsed helmet, to guard the vehicle, together with the equipment provided, with the utmost care and in respect for the law, to hold a current valid driver’s license to operate the vehicle.
b. To use the motor vehicle with care and caution, not to overcome the speed limit or let it undergo to efforts, or to use it in races and competitions. Any damage to the motorcycle caused by negligence, fraud and carelessness, (falls, accidents, dents) will be charged to the driver.
c. To provide directly for the payment of any contraventions against him and fines concerning the driving licence during the rental period by repaying to the Lessor the relative amount and the consequent costs (equal to € 30 for each contravention, in addition to the amount itself).
d. To relieve the Lessor of any claim and / or request by third parties for damages suffered by the same and / or by their property, however, attributable to this rental.
e.To reimburse the Lessor, upon presentation of the invoice, of any expenses, including legal expenses, that the Lessor itself will have to incur in order to meet the financial obligations due to any title, such as unpaid toll charges; The Lessee agrees from now on the charging of these amounts increased of additional legal fees, on his credit card.
Art. 3
The Lessee/ driver undertakes to drive or use the vehicle personally and not to allow, for free or for a fee, and for no reasons the use to third parties:
a)It is forbidden to let drive the motorcycle to a person not mentioned on the rental letter as a driver. The driver undertakes to notify within 12 hours of the incident any incident (even minimum) that occurred during the rental period of the motorcycle.
Art. 4
• If there is an accident, theLessee/ driver is obligated
• immediately to inform the Lessor by telephone, sending by fax to the number
• In the following 12 hours a complete detailed report on the module attached to vehicle documents (CID module)
• Inform the nearest police authority
• Do not issue statements of liability in case of uncertainty about the dynamics of the claim
• Take note of the names and addresses of the parties and witnesses
• Provide the Lessor with any other useful information
• Follow the instructions that the Lessor will provide regarding to the vehicle's custody or repairs.
Art.5 The Lessee is obliged to indemnify the Lessor for any damage resulting from theft of the vehicle or parts thereof, not covered by the insurance policy of the vehicle itself, and to pay in full the value of the franchise indicated in the policy
Art.6 In the event of loss or theft of the key of the hired vehicle, the driver undertakes immediately to report the matter to the competent authority and to deliver the original of the complaint to the Lessor. The rental fee (calculated on the basis of the fee established in the rental contract) is also due for days of non-use of the vehicle. For the replacement of the second key, the Driver is required to pay the cost incurred by the Lessor, plus the amount of € ______ (______)
If the Lessee/Driver does not deliver the original of the complaint to the Lessor, these, after the date of return of the vehicle indicated on the rental letter, may require the possession of the vehicle in any way, even against the will of the Lessee/Driver, The latter will be required to reimburse the costs incurred as well as the payment of the rental fee (calculated up to the date of delivery of the vehicle) and the replacement cost of the second key.
Art.7 If the vehicle is not returned to the Lessor by that date, the driver will have to reimburse the Lessor every day for the extra rental, in addition to all the expenses he will incur to repossess the possession of the vehicle's material, in addition to the lack of earnings caused by the lack of availability of the vehicle and the compensation of any damage suffered.
Art.8 the Lessor can not be held liable to the Lessee or driver of the motorcycle and / or his / her passangers for damages of any nature, they may suffer due to the failure of the vehicle or road accidents. And so the Lessor can not be held responsible for any kind of goods forgiven by the Lessee/Driver on the rented motorcycle, it will be deemed abandoned and the Lessor is not required to guard them and return them.
Art.9 The Lessor DOES NOT AUTORIZE the Lessee/ driver to drive the vehicle abroad
Art.10 This rental contract is governed by Italian law. All disputes arised in connection with the validity, interpretation, execution or termination of this Agreement shall be devolved to the exclusive jurisdiction of the Forum of Torre Annunziata.
Art.11 The nullity of any provision of this contract will not invalidate the rental contract in its entirety.
Art. 12. Declaration of consent on the processing of personal data pursuant to the Law 675/96 (Privacy Act) * The Lessee, having received the information on the use of his personal data pursuant to Legislative Decree n. 196/2003, lends his / her Consent for the Lessor to make:
• Communication of their personal data common to the subjects and for the purposes ed . Necessary listed in the above information
• Handling of common personal data and communications to the subjects and for the purposes ed. Optional (sub b) indicated in the above information (protection of credit risk)
• Handling of common personal data and communications to the subjects and for the purposes cd. Optional (sub c) indicated in the above information (commercial initiatives)
• Handling of common personal data and communications to the subjects and for the purposes cd. Necessary in the above information.
ART.13 RESTRICTIONS OF LESSOR'S RESPONSIBILITY Within the limits established by current regulations, The Lessor (Sorrento Italian Style srl) can not be held liable, and the leader waives any claim against the Lessor for any damages suffered by him or by Third parties arising from the use of the leased vehicle or for loss or damage of the property of the driver left in the vehicle, or for damage or inconvenience resulting from delays in delivery of the hired vehicle, or from breakdowns, unforeseen events and any other cause beyond the control of the company Sorrento Italian Style srl.
Art.14 MOTORCYCLE FAILURE In the event of a technical fault to the hired vehicle not attributable to the customer that preclude the possibility of using the vehicle, the LESSOR will, if possible, replace the vehicle with a similar one. In case of impossibility it will refund the driver of the unused part of the rental period already paid. Every tire puncture has to be repaired by the driver, and he is OBLIGED to report to Sorrento Italian Style srl the puncture for obvious safety reasons of the vehicle. The abandonment of the vehicle and the departure from Italy implies the obligation of the driver to repay all direct and indirect expenses necessary for the recovery of the vehicle
Art. 15 SEIZURE OF THE VEHICLE In case of seizure / confiscation of the motorcycle by the judicial authorities for reasons attributable to the Lessee/driver, Sorrento Italian Style srl will charge the driver the daily rental cost calculated on this contract, until the seizure of the vehicle, with a maximal equal to the replacement value of the vehicle on the expiry date of the agreed rental period. In the case of reaching this maximal, Sorrento Italian Style srl will transfer the ownership of the seized / confiscated vehicle in favor of the conductor after having received the full payment of the foregoing.