B) ENJOY LAKE COMO S.R.L.S.having its seat at Via delle Frazioni, 29, 22010 Laglio – Italy (hereinafter referred to as “the hirer”) makes available to the Driver the motorbike described above for the agreed period.
C) The driver certifies that the motorbike is delivered to him in excellent condition, regularly maintained, and fully filled up with petrol with RCA insurance policy FOR DAMAGES COVERAGE FROM CIVIL LIABILITY (RC) – FIRE AND THEFT DEDUCTIBLE FOR FIRE AND THEFT: € 500.00 DEDUCTIBLE DAMAGE FOR THIRD PARTY DAMAGES: € 500.00 and declares by signing this agreement that it has examined it, to have verified the excellent conditions and to consider it suitable for the intended use. 213/5000
D) All the damages caused to the motorcycle will be charged to the driver, except third party liability. The total amount of any damage will be charged to the credit card of the driver who expressly accepts.
E) SECURITY DEPOSIT: The Driver pays to the Hirer at the same time as the signing ofthis contract, the sum of € 800.00 as a security deposit, sum that will be returned to the Driver upon the return of the motorcycle, ascertained the absence of faults or damages brought to the same. The deposit can be used to pay the costs in case of loss of the keys or vehicle’s registration documents. The deposit can be used to cover damages to third parties that imply the payment of the insurance deductible.
The Driver undertakes to compensate the Hirer for any damage deriving from the theft of the vehicle or parts of it t, not covered by the insurance policy of the motorcycle itself, and to fully pay the value of the deductible indicated in the policy.
F ) With this agreement only the motorcycle’s possession referred to in point 1 is transferred to the Driver, remaining the possession of the same in the full availability of the Hirer. The Hirer reserves the right to terminate the contract, in the event of violations of the articles of this contract at its sole discretion, and request the Driver the immediate return of the motorcycle in question, returning in this case only the difference in the rental price to the period of non-use, or to withhold this amount if damage to the motorcycle is found that is higher than the deposit paid.
G ) General conditions (they are an integral part of the Rental Agreement)
Art. 1 The company ENJOY LAKE COMO (hereinafter referred to as “Hirer”) delivers to the Driver (hereinafter referred to as the “Driver”) the vehicle best identified on the front of this agreement, in excellent condition and in the same condition will be returned by the Driver to the Hirer at the end of the rental period. The Driver taking delivery of the vehicle, by signing the rental agreement
and the specific approval of these general conditions, declares to have verified that the motorcycle is in good repair and suitable for the agreed use. The Driver undertakes not to provide false information on his / her personal details, age, address and existence of the legal requirements for driving qualification, expressly exempting the Hirer from any prejudicial consequence resulting from the latter in case of false declarations.
Art. 2 The Driver obliges himself to:
a. To carry the vehicle with the approved and provided helmet worn, to carry the passenger only with the approved helmet worn, to keep the vehicle, together with the equipment provided, with the utmost diligence and in compliance with all legal requirements;
b. To guarantee the operation and safety of the vehicle during the rental period; to use the motorcycle with care and caution, not to subject it to high speed and effort, or to use in races and competitions. Any damage to the engine due to negligence (falls, accidents, bruises) will be considered to be payed by the Driver. In the event of damage exceeding the value of the vehicle, the market price of the motor vehicle will be considered to be payed by the Driver.
c. To directly provide for the payment of any contested contraventions and deductions of points in the rental period by reimbursing the Hirer the relative amount and the consequent expenses (equal to € 30 for each offense, in addition to the same amount). BY CREDIT CARD CHARGE UP TO 120 DAYS FROM THE DATE OF RENTAL
d . To relieve the Hirer from any claim and / or request made by third parties for damages suffered by them and / or suffered from their property, however, attributable to this rental;
e .To reimburse the Hirer, upon presentation of an invoice, of all expenses, including legal expenses, that the Hirer should incur to obtain the fulfillment of the pecuniary obligations due to any title, for example the unpaid highway toll charges; the Driver consents as of now the debit of these amounts, increased by additional legal expenses, on his credit card;
f. A t the request of the Driver, if the return of the vehicle and its keys has been authorized by the Hirer during the closing time of the shop, the rental will end at the date and time of reopening of the store itself;
g. To return the vehicle under the same conditions found at the time of rental. Any damage to the motorcycle will be detected upon return and counted the related cost of restoration due by the Driver
h .The Tenant recognizes that he is not the owner of any real right on the rented vehicle and the accessories supplied and, therefore, can not be disposed of in any way.
Art. 3 The Driver undertakes to conduct or use the vehicle personally and not to surrender, for free or for consideration, and for no reason use it to third parties:
b. For the transport of persons or goods towards compensation;
c . To push or tow objects;
d . Under the influence of drugs, narcotics, alcohol or intoxicants or other substances suitable to impair the ability to understand and react;
e. In racing, competitions or speed tests ;
f . For an aim contrary to the law;
g . For circulation in prohibited areas and in areas of access or service to port areas or airports with limited traffic;
h . By person not indicated on the rental letter as a driver;
i . As a person who has provided the Hirer with false information about his age, name or address.
j . From a person who has not reached the adult age
Art.4 The Driver undertakes to compensate the Hirer for any damage caused to the vehicle or to parts and accessories thereof, as well as to refund the administrative costs of the accident . The Driver undertakes to communicate within 12 hours of the incident, any incident (even minimal) that occurred during the rental period of the motorcycle.
Art. 5 If an accident occurs, the Driver undertakes to:
a. Immediately inform the Hirer by telephone, to send via e-mail rent@enjoylakecomo. It in the next 12 hours a complete detailed report on the form enclosed with the vehicle documents (CID form);
b . Inform the nearest police authority;
c . Do not issue declarations of responsibility in the event of uncertainty regarding the dynamics of the accident;
d . Make a note of the names and addresses of the parties and witnesses;
e . Provide to the Hirer any other useful information ;
f . Follow the instructions that the Hirer will provide regarding the custody or repair of the vehicle.
Art. 6 The Driver undertakes to compensate the Hirer for any damage deriving from the theft of the vehicle or parts thereof, not covered by the insurance policy of the vehicle it self, and to fully pay the value of the deductible indicated in the policy.
Art. 7 In case of loss or theft of only the key of the rented vehicle the Driver undertakes to immediately report the fact to the competent Authority and to deliver the original of the complaint to the Hirer. The rental fee (calculated on the basis of the rate established in the rental letters) is also due for the days when the stationary vehicle is not used. For the service of replacement of the
second key the Driver is required to pay the cost incurred by the Hirer, increased by € 50.00 (fifty / 00). If the Driver does not deliver the original of the complaint to the Lessor, the latter, after
the date of delivery of the vehicle indicated on the rental letter, will reacquire the physical possession of the vehicle in any way, even against the will of the Driver, and the latter will be required to reimburse the costs incurred as well as the payment of the amount of the rental (calculated up to the date of recovery of the vehicle) and the cost of replacing the second key.
Art. 8 The Driver undertakes to return the vehicle to the place and within the date indicated on the rental letter or, in any case, as soon as the Hirer requests it, with the same accessories and in the same conditions in which he received it. If the vehicle is not returned to the Hirer by that date, the Driver will have to reimburse the Hirer every day of extra rental, in addition to all expenses that the latter will incur in order to reacquire the material possession of the vehicle, in addition to the loss of income caused by the lack of availability of the vehicle and compensation for any damage suffered.
Art. 9 The Driver who makes the payment of the amount agreed for the present rental bycredit card, authorizes that all the charges provided for by these general conditions of contract, are carried out by the Hirer directly through the same credit card.
Art. 10 The Hirer can not be held responsible towards the Driver, or the driver of the motorcycle and / or its transporters, for damages of any kind, in case they will suffer from a lack of operation in the vehicle or in case of road accidents. And so the Hirer can not be held responsible for any kind of damage occurred as a result of thefts, riots, wars, force majeure and fortuitous events. The
objects eventually forgotten by the Driver on the motorcycle subject to rental, will be considered abandoned and the Hirer is not required to keep them and to return them.
Art. 11 The Hirer DOES NOT AUTHORIZE the Driver to drive the motorcycle abroad. NO SUISSE
Art. 12 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 Como (Italy).
Art. 13 No modification can be made to these Conditions without the consent of a Hirer’s representative with suitable written power of attorney.
Art. 14 The nullity of any provision of this contract will not result in the invalidity of the rental contract in its entirety.
Art. 15 Certificate of consent on the processing of personal data pursuant to 675/96 (Privacy Law) * The Driver, having received the information on the use of their personal data pursuant to Legislative Decree number 196 of 2003., gives its consent to the Hirer performs:
• The communication of personal data common to the subjects and for the purposes necessary indicated in the aforementioned information;
• The processing of common personal data and communications to subjects and for the purposes optional (sub b) indicated in the aforementioned disclosure (protection of credit risk);
• The processing of common personal data and communications to subjects and for the purposes optional (sub-section
c) indicated in the aforementioned disclosure (commercial initiatives);
• The processing of common personal data and communications to subjects and for the purposes required in the aforementioned information.
Art. 16 Rental Terms and Conditions:
• Daily and weekend rates as per flyer on web site
• Prices inckude V.AT. and RC insurance with deductible – Fire and theft with deductible.
• T he Driver must have a valid driving license for the vehicle covered by this contract
Art. 17 LIMITS OF LIABILITY OF THE HIRER Within the limits established by the current legislation, the HIRER can not be held responsible, and the DRIVER waives any claim against the HIRER, for any damage suffered by him or by third parties deriving from the use of the rented vehicle or for loss or damage to property owned by the tenant left in the vehicle, or for damage or inconvenience caused by delayed delivery of the hired vehicle, or by breakdowns, unforeseen events and any other cause out of control of the Company ENJOY LAKE COMO S.R.L.S.
Art. 18 MOTORCYCLE FAILURE In the event of a technical failure of the rented vehicle not attributable to the customer, and which precludes the possibility of using the vehicle, the HIRER will, if possible, replace the vehicle with a similar one. In case of impossibility he will reimburse the Driver of the part not used for the rental period already paid. Each tire drilling must be repaired by the driver, and it is REQUIRED to report the event to ENJOY LAKE COMO S.R.L.S. for obvious reasons of safety. The abandonment of the vehicle and the travel outside of Italy entails the driver’s obligation to reimburse all direct and indirect expenses necessary for the recovery of the vehicle.
Art 19 SEIZURE OF THE VEHICLE In case of seizure / confiscation of the motorcycle by the judicial authority for causes to be attributed to the Driver, the ENJOY LAKE COMO S.R.L.S. will charge the Driver the daily rental cost calculated on the present contract, until the release of the vehicle, with a ceiling equal to the replacement value of the vehicle at the expiry date of the agreed rental period. If this ceiling is reached, the Enjoy Lake Como S.R.L.S., after collecting the full payment of the provisions, will proceed to transfer ownership of the seized / confiscated vehicle in favor of the Driver. Pursuant to and for the purposes of Articles 1341-1342 of the Ialian Civil Code, I declare that I have carefully read and specifically approve the clauses in the articles: E-F-G 1, 3, 4, 9, 10, 11, 13 , 14, 15 and 17.20, 21 and 22.
