General Rental Condition

Terms and Conditions

Europmoto Rent S.R.L.
P. IVA: 07032000825 – PEC: europmotorent@pec.it – REA: PA-432464
Via Mariano Stabile 52 – 90139 Palermo (PA)
Tel: +39 334 945 8306 | eMail: europmotorent@gmail.com

GENERAL RENTAL CONDITION

General Rental Terms and Conditions

Art. 1 (Parties to the Agreement)

1.1 The Renter (hereinafter referred to as the “Driver” or “Customer”), by signing the order form (hereinafter referred to as the “Agreement”) with Europmoto Rent S.R.L. (hereinafter referred to as the “Lessor”), declares that they have read and accepted the terms and conditions set forth below.

1.2 The Lessor delivers to the Renter the vehicle (hereinafter also referred to as the “vehicle”) specified in the rental agreement in perfect condition and suitable for the agreed use. These terms and conditions apply to the Renter and to any other Driver expressly indicated in the order form. All the above-mentioned parties shall be jointly and severally liable for the rented vehicle.

1.3 An additional driver is defined as any person identified and authorized to drive the rented vehicle. Such driver shall be equally liable to the Lessor and under the Order Form as the main driver.

1.4 Any third-party drivers, or the paying party, shall jointly and severally assume towards the Lessor all obligations and duties arising after the execution of the agreement.

1.5 In both cases, Customers declare that they have provided the Lessor with truthful personal identification data and valid original documents, acknowledging that false declarations are punishable by law.

Art. 2 (Subject of the Agreement)

2.1 The order form forms part of the official rental documents. It must be signed by the Customer in order to proceed with the rental process. The signed form constitutes a rental request. The Customer accepting the agreement becomes an integral party thereto.

2.2 The agreement summarizes the rental conditions, including the applicable financial terms, as well as the services and accessories included in the agreed rental. In the event of conflict between these general conditions and the agreement, the provisions contained in the agreement shall prevail, limited to the specific vehicle rental granted.

2.3 Additional official rental documents include the vehicle delivery report (Check-out) and return report (Check-in), which respectively contain information regarding the condition of the vehicle at the time of delivery to the Customer (including mileage, fuel level, bodywork notes) and the condition of the vehicle upon return to the Lessor. Such reports are accompanied by photographs proving the condition of the vehicle. Upon signing the agreement, the Customer declares to have inspected the vehicle and to receive it in excellent condition, fully operational and equipped with all necessary documentation. Any damage or anomalies found in the vehicle upon return shall be detailed in the return report and charged to the Customer.

2.4 The Delayed Charge Agreement is a document signed by the Customer authorizing Europmoto Rent to charge the payment card provided as guarantee for the rental agreement for all amounts identified or incurred after the return of the vehicle.

Art. 3 (Vehicle Delivery)

3.1 By signing the “Check-out Vehicle Condition” form, the Driver acknowledges receipt of the vehicle in perfect condition and in compliance with the details recorded in the signed documentation.

3.2 Unless otherwise expressly specified, the vehicle is delivered with a full tank of fuel and must be returned with the same fuel level.

3.3 The vehicle is delivered with the following accessories: reflective vest, insurance green card, and all documents necessary for circulation, including the insurance certificate (copies thereof), as well as any other accessory indicated in the rental agreement.

3.4 At the time of vehicle delivery, the Customer is responsible for checking the condition of the vehicle together with the Lessor’s staff and must promptly report any visible external or internal damage or anomalies (including but not limited to footrests, indicators, etc.).

3.5 Should the Customer notice any damage and/or anomalies on the rented vehicle and fail to report them in writing on the delivery report or order form, the vehicle shall be deemed accepted without reservations.

3.6 Free cancellation of the reservation is only possible if made no later than 72 hours before the actual start of the rental. In the event of cancellation communicated with shorter notice, the Customer shall still be required to pay an amount equal to the agreed rental fee for the reserved days. The same amount shall be due to the Lessor in case of early return of the vehicle for reasons exclusively attributable to the Customer.

3.7 Delivery of the vehicle is subject to the payment of a non-interest-bearing security deposit (see Art. 7). The amount of the security deposit shall be indicated by the Lessor in the agreement.

3.8 Should the rented vehicle exceed 500 km during the same rental period, the Customer is required to check the engine oil level. Such check must be carried out according to the Lessor’s instructions and may be performed at any service station. Failure to perform this check shall result in the Driver being fully liable for any damage or mechanical issues arising from lack of maintenance.

3.9 Any intervention or operation carried out by the Renter on the rented vehicle without authorization shall result in a penalty of €250.00, without prejudice to compensation for any greater damage.

Art. 4 (Return of the Vehicle)

4.1 Upon return of the vehicle, the Customer is responsible for verifying the vehicle’s condition together with the Lessor’s staff. Failing this, the Customer acknowledges the accuracy and validity of the findings made by the Lessor’s staff.

4.2 By signing the Check-Out form, the Customer expressly declares to have viewed the photographs taken at the time of delivery of the vehicle and accepts them as proof of the vehicle’s condition. Furthermore, the Customer fully accepts the contents of the delivery form, acknowledging that the vehicle’s condition at the time of collection corresponds to the documented condition.

4.3 By signing the Check-In form, the Customer acknowledges and accepts the documentation relating to the condition of the vehicle upon return. Furthermore, the Customer declares to be aware that any damage or anomalies found at the end of the rental shall be assessed by the Lessor, who reserves the right to seek compensation where liability is established.

4.4 Upon expiry of the agreement or in the event of early termination, the Customer undertakes to return the vehicle on the agreed date, time and place indicated in the order form. Delays exceeding 29 minutes shall result in the Driver being charged an additional rental day at the daily rate applied, increased by 100%. In the event of failure to return the vehicle, the Customer shall remain responsible for custody of the vehicle and supplied accessories. The Lessor shall be entitled to recover possession of the vehicle by any means, even against the Customer’s will and entirely at the Customer’s expense.

4.5 Following the return of the vehicle, the Customer shall pay or reimburse the Lessor, upon request, for all fines received, motorway tolls and unpaid parking tickets incurred during the rental period, in addition to the administrative fees provided for in the Special Conditions, as well as any amounts relating to other services used by the Customer.

4.6 In the event that the vehicle is returned remotely, or when the offices are closed (e.g. keys left in a drop box), the Customer shall remain responsible for the custody of the vehicle and any damages until Europmoto Rent takes possession of the vehicle through one of its operators in order to verify its actual condition.

4.7 Any delivery, collection, assistance, intervention or operational support service requested or required outside the Lessor’s opening hours shall be considered an out-of-hours service. Such services are not included in the rental fee and shall involve additional charges to the Customer according to the rates applied by the Lessor.

4.8 The delivery and/or collection service of the vehicle at a location different from the Lessor’s premises (transfer service) must be agreed upon and confirmed in advance by the Lessor. Such service is not included in the rental fee and shall involve an additional charge per route, payable by the Customer according to the rates applied by the Lessor.

4.9 In the event of transfer and/or return of the vehicle before the Lessor’s opening hours, the Customer acknowledges that the vehicle will only be taken into charge starting from office opening hours. Any parking costs accrued until the vehicle is taken into charge and, in any case, those relating to the first 2 (two) hours, shall be entirely borne by the Customer.

Art. 5 (Extension Option)

5.1 The Customer has the right to request one or more extensions before the expiry of the agreement.

5.2 Europmoto Rent reserves the broadest discretion in evaluating acceptance of any extension of the contractual term, which may only occur upon written acceptance by the Lessor communicated to the Customer together with any new economic conditions and following the issuance of a new rental agreement indicating the new rental period.

Art. 6 (Payment Methods)

6.1 Payments under the rental agreement may be made by credit card, cash, debit card enabled for online payments, bank transfer, or payment link sent by the Lessor.

6.2 Subject to system availability, the following international credit cards are accepted: American Express, China UnionPay (CUP), Diners, MasterCard, Visa.

6.3 If the payment method is accepted by the Lessor, upon express authorization by the Customer, which shall be deemed granted, and subject to authorization by the issuing institution of the payment instrument, the Lessor shall block the sums deemed necessary for the execution of the agreement.

6.4 Requests for electronic invoices must be made exclusively at the time of signing the rental agreement and before issuance of the fiscal receipt. Once the fiscal receipt has been issued, it will no longer be possible to issue an invoice.

Art. 7 (Security Deposit and Use Thereof)

7.1 Upon signing this agreement, the Driver authorizes the Lessor to retain a non-interest-bearing security deposit, the amount of which depends on the reserved motorcycle group and is indicated in the order form.

7.2 Depending on the selected rental options, the Customer is required to provide the security deposit by credit card/prepaid card/cash/debit card enabled for online payments (16-digit PAN). Such amount shall be released upon return of the vehicle, after verification that no damage has been caused thereto, and may be used in whole or in part to cover any damages caused during the rental period.

7.3 The security deposit may be used to cover expenses in the event of loss of keys or vehicle documents, failure to return supplied accessories, damages to third parties, as well as theft or fire of the vehicle.

7.4 The security deposit must be paid in advance and therefore prior to delivery of the vehicle. Failure to provide the deposit shall result in termination of the rental agreement due to the Customer’s fault and shall authorize the Lessor to retain 100% of the amount already paid for the entire rental as a penalty.

7.5 The Customer (and any Guarantor) authorizes Europmoto Rent to charge their credit card, even in multiple transactions, for any amount necessary to cover damage caused to the vehicle and any fines, in addition to administrative expenses quantified at €30 for each handled case.

7.6 The Customer shall be responsible for all fines, as well as unpaid motorway tolls and/or parking tickets incurred during the rental period. Such violations shall be notified to the Customer and, where applicable, the relevant amounts shall be charged according to the procedures established by the competent authorities.

7.7 Should the options selected by the Customer during online booking prove unverifiable or false at the time of signing the agreement, the Lessor shall apply the correct rate displayed at the time of booking or may terminate the agreement retaining the entire amount paid for the rental.

Art. 8 (Refunds and Complaints)

8.1 If the vehicle suffers a breakdown during the rental period, the Customer must immediately inform the Lessor. If the issue is not attributable to the Driver, the vehicle shall be replaced with another of equivalent characteristics or, alternatively, the daily rental fee paid shall be refunded.

8.2 If the rental has been booked and prepaid by the Customer and the vehicle (or a similar vehicle) is unavailable on the agreed delivery date, the Customer shall be entitled to an immediate refund of all amounts already paid.

8.3 The Customer may submit complaints within 14 days from the end date of the rental regarding any service issue experienced. Any disputes relating to charges may only be raised after payment and no later than 30 days from the charge date.

Art. 9 (Obligations and Liability of the Driver)

9.1 The rented vehicle may only be driven by the Customer (or by an “additional driver”), who undertake and agree to drive or use the vehicles exclusively within the territory of the Sicily region (excluding surrounding islands).

9.2 The Customer is prohibited from driving 125cc vehicles outside the province of Palermo. Should the Customer fail to comply with this obligation, the Lessor shall charge a penalty of €500.

9.3 The vehicle shall under no circumstances be driven or used for the transport of persons or goods for hire or reward, subleasing, pushing or towing trailers or other vehicles, or participating in races, route tests and/or competitions of any kind.

9.4 The Driver acknowledges not to hold any ownership right over the rented vehicle or supplied accessories and therefore may not dispose of them in any manner, including as collateral. By signing the rental agreement, the Driver undertakes to safeguard the vehicle with the diligence of a prudent person.

9.5 The Customer undertakes not to drive the vehicle under the influence of drugs, narcotics, alcohol or toxic substances, or any other substance capable of impairing judgment and awareness. The Customer shall drive the vehicle in full compliance with the law, the registration certificate provisions and road traffic regulations, assuming all related liability.

9.6 Violation of even one of the above obligations shall result in the Customer being charged for all damages caused to third parties and/or the rented vehicle, unless the Customer proves that such damage is not attributable to them.

9.7 If the signatory of the agreement allows unauthorized and unidentified third parties to use the rented vehicle, they shall be personally liable for any violations committed.

9.8 In the event of a traffic violation, the Lessor is required to provide the competent authority with the personal details of the vehicle driver. Furthermore, the amount of the fine and an administrative fee of €30 shall be charged to the payment card registered at the time of signing the agreement.

9.9 In the event of seizure or administrative detention of the vehicle, the Customer undertakes to pay the Lessor, in addition to the agreed rental fee, an amount equal to the daily rental rate increased by 50% until the competent Authority releases the vehicle to the Lessor.

9.10 The Customer undertakes to present a valid driving license suitable for the rented vehicle. Furthermore, Customers from outside the European Union (EU) must provide a valid international driving permit. Failure to meet these requirements shall result in termination of the rental agreement due to the Customer’s fault, and the Lessor shall be authorized to retain 100% of the amount already paid.

9.11 In the absence of proven driving experience, Europmoto Rent reserves the right not to deliver the vehicle and to cancel any existing agreement without refund. Free cancellation is only possible if made no later than 72 hours before the actual start of the rental.

9.12 The Customer undertakes to provide accurate personal information (age, residential address, driving eligibility). The Customer also undertakes to provide a telephone number and email address to ensure availability for the purposes of this agreement.

9.13 Europmoto Rent shall not be responsible for the loss or damage of Users’ personal belongings such as mobile phones placed in the dedicated phone holders. Users are invited to take care of their personal belongings during use of the rented vehicle.

9.14 All accessories are an integral part of the rental and therefore remain the property of the Lessor. They are supplied only once and, in the event of malfunction and/or theft, shall not be replaced.

9.15 The Customer and/or any driver must refuel the vehicle using the correct type of fuel. Should the vehicle be refueled with the wrong type of fuel, the Customer shall be responsible for all costs necessary for vehicle transfer and/or repair of any resulting damage.

Art. 10 (Compensation for Damages, Theft and Fire)

10.1 In the event of theft or fire of the rented vehicle, the Customer undertakes to immediately contact the Lessor, report the incident to the competent Authorities (Police or Carabinieri), and deliver the original report to the Lessor within 24 (twenty-four) hours together with the vehicle keys. Failure to deliver the keys shall oblige the Customer to pay the commercial value of the vehicle to the Lessor.

10.2 In such cases, the Customer shall be required to pay the rental fee for the period between the start of the rental and the date on which the report is received by the Lessor, according to the official rate, if the report is received after the scheduled return date.

10.3 In the event of total theft and/or fire, duly reported to the competent authorities, the Customer shall contribute to the financial loss suffered by the Lessor up to the maximum amount indicated as the “Damage and Theft Deductible” in the order form, depending on the Liability Reduction selected by the Customer. In all cases, the validity of liability limitation clauses is subject to the Customer’s compliance with these conditions. Accessories are never included in the liability reduction subscribed by the Customer.

10.4 The Lessor shall not be required to provide a replacement vehicle in the event of theft. The rental agreement shall be automatically terminated on the date the theft report is filed with the competent Authorities. Any deductible provided for in the agreement and any other amount due under the rental terms and conditions shall remain payable by the Customer.

10.5 In the event of willful misconduct or fault by the Customer/Driver, or by a third party allowed by them to use the vehicle, the Lessor shall charge the Customer an amount equal to the commercial value of the vehicle at the time of theft or fire.

10.6 In the event of a road accident, management of the incident shall be exclusively handled by the Lessor. In such cases, the Customer must immediately inform the Lessor by telephone, email or certified email, recording the details of the parties involved and any witnesses, the license plate numbers of all vehicles involved, and the ownership and insurance details thereof, while diligently following the Lessor’s instructions regarding custody and repair of the vehicle. Completion and signing of the CID/CAI accident report form is only permitted with prior authorization from the Lessor. Failure to comply with this obligation shall result in a €500 penalty charged by the Lessor.

10.7 The Customer shall always remain fully liable for the amount of damage caused to the Lessor, regardless of any subsequent provisions, whenever at least one of the following circumstances occurs:

  • a) violation of applicable laws and/or road traffic regulations of the State where the vehicle is driven;
  • b) use of the vehicle for unlawful purposes;
  • c) use of the vehicle in breach of Art. 9 of these General Conditions;
  • d) return of the vehicle damaged without a report describing the dynamics of the accident and related documentation, including any C.A.I. form (Friendly Accident Statement).

10.8 In the event of breach of even one of the above obligations, the Customer shall be liable for all damages suffered by the vehicle, including in the case of a potentially non-fault accident.

10.9 Damages shall be classified and quantified according to the “Damage Price List”, accepted by the Driver upon signing the rental agreement. Where such classification and quantification is not possible, the Lessor shall charge the specifically estimated amount. The Lessor reserves the right not to immediately repair the motorcycle where the damage caused by the Customer does not compromise its functionality.

10.10 The Lessor shall be entitled to demand payment of the rental fee for the entire rental duration if, during the rental period, the vehicle is damaged or rendered unusable by the Customer through their own fault or through the fault of third parties attributable to the Customer, without prejudice to Europmoto Rent’s right to claim additional damages.

10.11 – Technical downtime and unavailability of the vehicle. Where, as a result of damage occurring during the rental period and attributable to the Customer and/or an authorized Driver, the vehicle is wholly or partially unusable and requires repairs, the Customer shall compensate Europmoto Rent for the period of technical downtime, meaning the actual period of unavailability reasonably necessary to restore the vehicle to safe and usable condition.

Technical downtime may also be charged for the period following the end date of the rental agreement where the vehicle cannot be made available for rental again because of damage attributable to the Customer.

The duration of the technical downtime shall be determined according to the nature and extent of the damage and, where available, by documents relating to repair times, including estimates, work orders, workshop statements, invoices or other suitable evidence.

For each day of actual unavailability, the amount due for technical downtime shall be calculated up to a maximum equal to the daily rental rate applied to the vehicle under the agreement, without prejudice to any greater loss duly documented and recoverable under applicable law. Periods of unavailability not reasonably attributable to the damage caused by the Customer, or resulting solely from organizational delays of the Lessor, shall not be charged.

Technical downtime is a separate item from the material cost of repairing the vehicle and may be claimed or charged in accordance with the rental agreement and the Delayed Charge Agreement.

10.12 This article specifies that any applicable liability limitations or deductibles cover exclusively the cases expressly provided for in the order form and in these General Conditions, with reference to theft, fire and vehicle damage, within the agreed limits. Damages arising from improper use, negligence, violation of the Highway Code, breach of contractual obligations, as well as damages and/or failure to return accessories, equipment or personal belongings are in any case excluded from coverage.

Art. 11 (Insurance Coverage)

11.1 The Lessor guarantees that the rented vehicle is covered by an appropriate Third-Party Liability insurance policy. Such policy is included in the rental price and does not cover damage suffered by the driver or damage caused by the driver’s liability, as specified in the insurance policy, whose relevant clauses and conditions are read and accepted by the Driver upon signing the rental agreement.

11.2 By signing the agreement, the Customer declares to have received, understood, accepted and undertaken to comply with all the above-mentioned insurance clauses and conditions, within the respective limits and deductibles provided therein. Any damages to third parties exceeding the insurance policy limits shall remain the Customer’s responsibility.

11.3 In order to reduce the payment obligation referred to in Art. 7 above, the Customer may choose to subscribe to special liability reduction options for theft and/or damage to the rented vehicle. The cost of such limitations shall be calculated daily and the purchase shall be indicated in the order form for the specified period. In the event of total theft or fire, such events must be documented by an official report filed with the competent authorities, excluding theft and/or damage to the Customer’s personal belongings inside the vehicle or any accessory and/or accessory equipment of the vehicle, whether located inside or outside the rented vehicle.

11.4 All insurance coverage (standard or special) excludes damages caused by the Customer or Driver while under the influence of alcohol or narcotic substances in violation of Legislative Decree no. 285 of 30/04/1992. In such cases, all damages shall be entirely borne by the Customer. The same applies to damages caused by conduct prohibited by law or carried out in violation of these general rental conditions.

Art. 12 (Roadside Assistance)

12.1 Europmoto Rent provides roadside assistance within the province of Palermo. In the event of breakdown, malfunction, puncture, accident or any other issue preventing proper use of the vehicle, the Renter must immediately contact the emergency number provided at the time of rental and follow the instructions received from the Lessor. Any intervention not previously authorized shall remain exclusively at the Renter’s expense. Outside the province of Palermo, Europmoto Rent neither provides nor guarantees roadside assistance, recovery, towing or vehicle transport services; all related costs shall therefore remain exclusively at the Renter’s expense, even in the event of technical breakdowns, punctures or other events not attributable to the Renter.

12.2 In all cases, interventions made necessary by causes not attributable to the Lessor shall remain at the Renter’s expense, including, by way of example: loss or damage of keys, flat battery due to improper use, lack of fuel, puncture, accident, vehicle fall, recovery from unauthorized areas, violations of the Highway Code or improper use of the vehicle.

12.2-bis Where roadside assistance, vehicle recovery, towing or transport is chargeable to the Renter pursuant to the preceding clauses, the following charges shall apply:

  • a) €70.00 for interventions carried out within the administrative boundaries of the Municipality of Palermo;
  • b) €100.00 for interventions carried out outside the Municipality of Palermo;
  • c) in addition to the above amounts, an extra charge of €2.50 per kilometre, plus VAT, shall apply, calculated on the total round-trip distance from Europmoto Rent’s operating office to the location of the vehicle.

Any additional costs incurred for the recovery, towing, transport, storage or safekeeping of the vehicle, where necessary, shall also be borne by the Renter.

12.3 If the immobilization of the vehicle within the administrative boundaries of the Municipality of Palermo is due to a technical breakdown or defect attributable to the Lessor, Europmoto Rent shall, where possible, repair, recover or replace the vehicle with an equivalent one. If this is not possible, only the unused and already paid portion of the rental shall be refunded.

12.4 Only in the cases referred to in Art. 12.3, Europmoto Rent shall also reimburse documented transportation expenses by public transport or taxi from the place where the vehicle stopped to the destination, up to a maximum amount of €50.00, upon presentation of a valid receipt.

12.5 Any further compensation, reimbursement or indemnity is excluded, including accommodation, missed bookings, ruined holidays, indirect damages or other expenses resulting from vehicle immobilization, except where mandatory by law.

12.6 Should the Renter abandon the vehicle without prior authorization from the Lessor, they shall be required to reimburse all direct and indirect expenses necessary for recovery of the vehicle, in addition to a penalty of €250.00, without prejudice to compensation for greater damages.

Art. 13 (Communication of Driver Data for Prevention and Management of Accidents and Theft)

The Customer expressly authorizes the Lessor — who reserves such right at its sole and unquestionable discretion — to communicate the Driver’s data to Judicial Authorities, Insurance Companies, Law Firms, and Companies specialized in theft prevention and accident management, and to use or allow the use of such data for any action necessary to protect its rights and interests.

Art. 14 (Default Interest)

Once the agreed payment deadline for the amounts due has expired, the Lessor shall be authorized to issue a debit note for default interest, also calculated pursuant to Legislative Decree 231/2002, where the conditions for its application are met.

Art. 15 (Methods of Communication)

For any written communication from Europmoto Rent, the Customer expressly accepts that messages sent through electronic means shall have the same legal value as postal communications sent by registered mail.

Art. 16 (Italian Language for Interpretation of the Agreement)

In the event of discrepancies, the Italian version of these General Terms and Conditions shall prevail over any translated version, as it reflects the exact intention of the parties.

Art. 17 (Limitation on Amendments to These General Terms and Conditions)

Any amendment to these General Terms and Conditions must be contained in a specific clause signed by both parties.

Art. 18 (Applicable Law and Jurisdiction)

This agreement is governed by Italian law. Any dispute between the parties relating to the rental agreement shall fall under the exclusive jurisdiction of the Court of Palermo, without prejudice, for Customers qualifying as “consumers”, to the jurisdiction of the court of the Customer’s place of residence or domicile.

Art. 19 (Personal Data Protection Code)

19.1 In this section, the term “Customer” or “Driver” refers to: the person indicated in the rental agreement, any driver, and any person making payments for the rental.

19.2 The Driver’s data shall be processed in accordance with EU Regulation 2016/679, GDPR – General Data Protection Regulation effective from 25/05/2018. For further information, please consult the Privacy Policy available on our websites or request it at our offices.

19.3 By signing the rental agreement, the Customer gives explicit consent to the use and transfer of their personal data within the limits provided by applicable law.

19.4 Europmoto Rent reserves the right to track fleet vehicles through satellite systems for the protection of its vehicles.

19.5 The Customer has the right to deny consent for the transfer of their personal data to third parties or for their use for advertising purposes.

 

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