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

Article 1 (Parties of the Contract)

1.1 The Lessee (hereinafter referred to as “Tenant” or “Customer”) by signing the order form (hereinafter referred to as “Contract”) with the company Europmoto Rent S.R.L. (hereinafter referred to as “Lessor”) declares that you have read and accepted the terms and conditions set out below.

1.2 The Lessor shall deliver to the Lessee the vehicle specified in the rental agreement in perfect condition and suitable for the agreed use. These terms and conditions apply to the Lessee and any (other) Driver who is expressly indicated on the order form. All the parties listed above will be held jointly and severally liable for the rented vehicle.

1.3 An additional driver is defined as someone who is identified and authorized to drive the rented vehicle. This additional driver responds to the Lessor and the Order Form uniformly to the main driver.

1.4 Any third party driver, or the payer, shall jointly and severally assume all the obligations and duties following the signing of the contract.

1.5 In any case, the customers declare that they have provided the Lessor with real data traceable to their personal identification. They undertake to show valid and original documents, aware that they are liable to prosecution by law in the event of false statements. The customer must also be available in all circumstances.

Article 2 (Object of the contract)

2.1 The order form is part of the official rental documents. This must be signed by the customer in order to proceed with the rental practice. The same that is subscribed by the customer constitutes a request for rent. The customer who accepts the contract becomes an integral part of the same.

2.2 The contract summarises the rental conditions, including the economic conditions applicable therein, and the services and accessories included in the contract. In the event of incompatibility between these general conditions and the contract, the conditions contained in the contract shall prevail only in the case of that precise vehicle rental.

2.3 Other official rental documents are: the Check-out and Check-in, which contain respectively, the information on the condition of the vehicle when picked up by the Client (including mileage, refueling, notes on the bodywork) and the condition of this vehicle upon return to the Lessor. These reports shall be accompanied by photographs proving the condition of the vehicle. At the time of signing the contract, the customer declares that he has examined the vehicle and received it in excellent condition, working in all its parts and equipped with all the necessary documentation. Any damage and anomalies present in the vehicle, which will be charged to the customer, will be detailed in the Check-in report.

2.4 The Delayed Charge Agreement is a document signed by the Customer authorizing Europmoto Rent to charge on its payment card, used to guarantee the rental agreement, all amounts received or recognised after the return of the vehicle.

Article 3 (Taking charge of the vehicle)

3.1 By subscribing to the form “State of use Check-out”, the Conductor acknowledges that he has received the vehicle in perfect order and in any case in conditions in accordance with what was noted in the forms signed by him.

3.2 The vehicle, unless expressly and otherwise specified, is delivered with a full tank of fuel and must be returned at the end of the rental with the same amount of fuel.

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

3.4 At the time of delivery of the vehicle, the Customer has the duty to verify the status of the aforementioned, together with the Lessor’s staff, and is required to promptly report any damage and anomalies visible outside (by way of example, not exhaustive, footrests, direction indicators, etc.) and inside the vehicle.

3.5 In the event that the Customer finds damages and/or anomalies present in the rented vehicle and does not report them by having them described in writing on the delivery report or in the order form, the vehicle will be accepted without exclusions or reservations.

3.6 In the event of the customer’s cancellation of the booked vehicle with less than 72 hours’ notice, he will still have to pay a sum equal to the agreed rental rate for the booked days. Similar amount will be due to the Lessor in case of early return of the vehicle, for reasons attributable exclusively to the Customer.

3.7 The delivery of the vehicle to the customer is subject to the establishment of a non-performing security deposit (see article 7). The amount of the security deposit will be indicated by the Lessor in the contract.

Article 4 (Return of the vehicle)

4.1 At the time of the return of the vehicle, the Customer has the responsibility of verifying the status of the aforementioned together with the staff of the Lessor. In default, the Customer acknowledges the correctness and validity of the measurements made by the staff of the lessor.

4.2 By subscribing to the appropriate form (Check-Out), the Customer, in addition to verifying the status of the vehicle, explicitly declares that he has not suffered or caused any damage, even minor, in order to enable the Lessor to protect its rights against fraud or unfounded claims.

4.3 On the natural or extended expiry of the contract or in any other termination or early expiration, the customer is obliged to return the vehicle on the day/time/place agreed and marked in the order form. Delays of more than 29 minutes will result in the Lessee being charged an additional day of rental at the rate paid for the single day, increased by 100%.

4.4 It is however agreed that, in all cases of non-returning, the customer will always be held responsible for the custody and preservation of the vehicle and all accessories provided, even in the time exceeding the contractual term.

4.5 In case of non-returning, the Lessor has the right to recover the possession of the vehicle by any means, even against the will of the Customer and entirely at the expense of the same.

4.6 After the return of the vehicle, the customer will pay or refund to the Lessor, at the request of the same, the amount corresponding to all fines received, motorway tolls and parking tickets not paid during the rental period in addition to the operating costs provided for by the Special Conditions, as well as the sums relating to any other service the Customer has used.

4.7 If the vehicle is returned at a distance, if the offices are closed (e.g. keys in the box) the customer will be held responsible for the vehicle and any damage until Europmoto Rent takes charge of the vehicle through its own operator in order to verify the actual conditions.

Article 5 (Possibility to extend the rental period)

5.1 The customer has the right to request, before the expiry of the contract, one or more extensions.

5.2 EuropMoto Rent reserves the widest discretion in the assessment of the acceptance of the extension of the contractual term. This can only take place on the written acceptance of the Lessor communicated to the customer together with any new economic regulations of the contract and against the issuance of a new rental contract with the indication of the new rental period.

Article 6 (Methods of payment)

6.1 Payments of the fees agreed in the rental agreement can be settled by credit card, cash, debit card enabled to pay online, bank transfer c/c (rid), link sent by the Lessor.

6.2 Upon availability of the computer systems we accept international credit cards, such as: American Express, China unionpay (CUP), Diners, MasterCard, Visa.

6.3 If the credit card (i.e method of payment) is accepted by the Lessor, the amount deemed necessary for the execution of the contract will be detained with the express authorization of the customer.

Article 7 (Security deposit and its usage)

7.1 The Lessor, at the same time as signing this contract, authorizes the Lessor to withhold a non-performing security deposit whose value depends on the motorcycle group booked. The amount of the security deposit will be indicated by the Lessor in the order form.

7.2 This sum will be released to the Driver at the time of return of the vehicle, ascertained the absence of defects or damage caused to the same. The deposit can be used in full or in part to cover any damage caused during the rental period with the addition of any cost for the assessment of damage.

7.3 The deposit can be used to cover the costs in case of loss of keys or vehicle documents or missing supplied accessories, or to cover damages to third parties in addition to cases of theft or fire of the vehicle.

7.4 For this purpose, the Customer (and possibly the Guarantor) authorizes Europmoto Rent to charge on its credit card, at the end of the rental, even on several occasions, any amount to cover damages caused to the vehicle and any violations of the Italian Road Code during the rental, in addition to any administrative costs.

7.5 Depending on the rental options chosen, which will be shown in the order form, the Customer is obliged to pay the security deposit by credit card/ prepaid/ cash/ debit card enabled to pay online (PAN 16 digits).

7.6 In the event that the options chosen by the Customer at the time of booking online are not verifiable or false at the time of conclusion of the contract, the Lessor will apply the right rate shown at the time of booking or may reserve the right to withdraw the contract withholding the full amount paid for the rental.

7.7 The deposit must be paid in advance and therefore before the delivery of the vehicle. The non-payment of the same will result in the termination of the rental contract for fact attributable to the Customer and will authorize Europmoto Rent to retain 100% of the amount already paid for the payment of the entire rental as a penalty.

Article 8 (Refunds and right of complaint)

8.1 During the rental period, if the rented vehicle should suffer any breakdown, not attributable to the Tenant, the latter must immediately inform the Lessor, that will replace the vehicle with another of the same quality or, failing of it, to refund the cost of the daily rental paid.

8.2 It is expressly stipulated that if the vehicle has been booked and paid in advance by the customer and the vehicle (or similar vehicle) is not available on delivery for the appointed day, the Customer will be entitled to immediate reimbursement of the sums already paid.

8.3 The Customer has the right to claim within 14 days from the end of the rental for any failure received. Any objections relating to charges, made for any reason by the Lessor, may be filed only after payment of the same and in any case no later than 30 days from the charge.

Article 9 (Lessee obligations and Responsibilities)

9.1 The rented vehicle must be driven exclusively by the Customer (or by another person expressly authorized in the order form as “additional driver”), which undertakes and obliges to drive or use vehicles within the territory of the region of Sicily (neighboring islands excluded).

9.2 The Customer is obliged not to drive 125cc vehicles outside the province of Palermo. If the Customer does not comply with this obligation, the Lessor will be required to charge a penalty equal to the security deposit.

9.3 The vehicle must in no case be driven or used for: the transport of people or things on behalf of third parties; for rental; to push or tow trailers or other vehicles; to participate in races, tests and/ or competitions of any kind.

9.4 The Lessee acknowledges that he has no real right to the rented vehicle and the accessories supplied and, therefore, that he cannot dispose of them in any way, even as a pledge. The tenant with the signing of the rental contract is obliged to keep the vehicle with the diligence of the “good father of the family”.

9.5 The customer is obliged not to drive the vehicle under the influence of drugs, narcotics, alcohol or toxic substances or other substances that reduce mental capacity.

9.6 The Customer must conduct and use the vehicle scrupulously following the law, the specific use of the registration certificate, Italian rules of the road code and assuming any liability resulting from any infringements.

9.7 Save the proof referred to in art. 1588 c.c. in Italian law the violation of even one of the preceding obligations, as well as of the norms of the Italian Road Code and/or different behaviors or contrary to the diligence of the good father of the family, will result in the Customer being charged for any damage caused to third parties and the rented vehicle.

9.8 In the event that the subscriber of the contract assigns to third parties not previously authorized and identified the use of the rented vehicle, he is personally liable for the infringements committed.

9.9 For the notice of fine notified to the Lessor, Europmoto Rent will ask the competent Authority to re-notify the Customer, charging the latter the amount of € 30 for administrative management.

9.10 The Customer undertakes to provide the verifying body with all the personal data of the driver of the vehicle that are requested. If the Customer does not fulfill this obligation, the Lessor will debit all the amounts that it was obliged to pay.

9.11 In the event of seizure or administrative detention of the vehicle, the Customer undertakes to pay the Lessor, in addition to the agreed rental payment, an amount equal to the rate paid for the single day increased by 50% until the day on which the Authority will release the vehicle to the

Lessor.

9.12 The customer undertakes to show a valid driver’s license that is appropriate for the vehicle reserved for rental. Additionally, Extra European Union customers (UE) must provide a valid international driving permit, or alternatively, a sworn translation of their own driver’s license, in addition to possessing a valid driver’s license in their country of residence.

In the absence of these requirements, the rental agreement will be terminated by the fact imputable to the Customer and the Lessor is authorized to retain 100% of the amount already paid for the payment of the entire rental, as a penalty.

9.13 The Lessor requires customers to have a minimum of 1 year of driving experience to rent a scooter or a motorcycle. Failure to meet this requirement authorizes the lessor to refuse and/or cancel the rental without a refund. Customer safety is a fundamental priority, and the decision to deny the rental based on driving experience is strictly aimed at ensuring a safe and risk-free rental experience.

9.14 The Customer undertakes to provide correct information on his identity, his age, his address of residence, and on the ownership of the legal requirements for admission to driving; the Customer also undertakes to provide the Lessor with his telephone number and e-mail address in order to ensure that the Lessor can contact the Client in any moment in accordance with the purposes of this contract.

Article 10 (Damages, theft and fire)

10.1 In case of theft or fire of the rented vehicle, the Customer is obliged to immediately contact the Lessor and report the fact to the competent Authorities (Police or Carabinieri) and to deliver the original version of the complaint to the Lessor by 24 (twenty-four) following hours; the Customer must also hand over the vehicle keys to the Lessor. If the keys are not delivered, the Customer is obliged to pay the Lessor the commercial value of the vehicle.

10.2 In such cases, the Customer is obliged to pay the fee for the period between the beginning of it and the date of receipt of the complaint by the Lessor according to the official tariff if the complaint is received after the expected date of return.

10.3 In the event of total theft and/ or fire, regularly reported to the competent authorities, the Customer participates in the economic damage suffered by the Lessor for the maximum amount indicated as “Deductible damage and theft” in the order form according to the Reduction of Responsibility chosen by the Customer. It is understood that in any case, the validity of the clauses of limitation of responsibility is subject to compliance by the customer and the authorized driver of all the prescriptions and obligations provided for in art.9 of these general conditions of contract. In no case are the accessories part of the reduction of responsibility subscribed by the Customer.

10.4 In the event of wilful misconduct or fault on the part of the Customer/Driver or a third party who has admitted the use of the vehicle, the Lessor will charge the Customer and he will be required to pay an amount equal to the commercial value of the vehicle at the time of the theft or fire.

10.5 In case of road accident the management of the same will be exclusively at the expense of the Lessor: in such cases, the Customer must immediately inform the Lessor by phone, email or company pec, taking note of the particulars of the parties and any witnesses, of the license plate numbers of all the vehicles involved, the data relating to ownership and insurance coverage of them, diligently follow the instructions provided by the Lessor about the custody and repair of the vehicle. The compilation and subscription of the CID/CAI is allowed only after prior authorization provided by the Lessor. If the Customer does not comply with this obligation, the Lessor will be required to charge a penalty of €500.

10.6 The Customer is always entirely responsible for the amount of the damage caused to the Lessor, regardless of the provisions below, if at least one of the following occurs: a) violation of the regulations in force and/or the Highway Code of the State where the vehicle is driven; b) use of the vehicle for a purpose contrary to the law; c) use of the vehicle in violation of the provisions of art. 9 of these General Conditions; d) vehicle returned damaged without complaint attesting the dynamics of the accident and relative documentation, complete with eventual form C.A.I. (Amicable Finding of Accident).

10.7 In the event of failure to fulfill even one of the above obligations, the Customer is responsible for all damages suffered by the vehicle, even in the case of a potentially active accident.

10.8 The damages are classified and quantified according to the “Damage List”, accepted by the tenant with the signing of the rental contract. Where such qualification and quantification is not possible, the Lessor shall charge the appropriate amount. The Lessor reserves the right not to immediately repair the motorcycle if the damage caused by the Customer does not affect its functionality.

10.9 The Lessor shall be entitled to claim payment for the entire duration of the rental if, during the rental relationship, the vehicle is damaged or rendered useless by the Customer for its own fault or for the fault of third parties attributable to the Customer; save the right of Europmoto Rent to claim any further damage.

10.10 This article specifies that the deductible exclusively covers situations of theft, fire, and damage caused by improper use of the vehicle. It is further clarified that any damages and/or the failure to return any vehicle accessories are not covered by this protection.

10.11 However, Europmoto Rent is not liable for any damage to persons or property of any kind (such as a ruined holiday) in the event of a malfunction of the vehicle. The Lessor shall not be responsible for the Customer, to the driver or the members of the respective families for any damage of any kind suffered by them, including economic injury, or for personal injury, except to the extent of the latter, the application of art. 33 paragraph 2 lett. a) and b) and 36 paragraph 2, letter a) of D. Lgs 205/2006, both for damage resulting from faults or malfunctions of the vehicle or road accidents. In any case, the Lessor cannot be held responsible for any type of damage caused as a result of thefts, riots, fires, earthquakes, wars or other circumstances beyond one’s control.

Article 11 (Insurance coverage)

11.1 The Lessor guarantees that the rented vehicle has a suitable insurance policy for Civil Liability. This policy is included in the rental price and does not cover damage suffered by the driver, nor those caused by liability of the driver, as specified in the policy, whose clauses and conditions relevant for the purposes of this article are read and accepted by the Tenant at the time of signing the rental contract.

11.2 By signing the contract, the Customer declares that he has received, know, accept and undertake to comply with all the aforementioned clauses and policy conditions, within the limits and with the deductibles indicated therein respectively. Any damage to third parties in excess of the policy limit shall be borne by the customer.

11.3 In order to reduce the payment provided for in art.7 above, the Customer may decide to subscribe to special limitations of liability for the theft and/or damage of the rented vehicle. The cost of these restrictions will be daily and the purchase will be noted in the order form for the period indicated. It is understood that in case of total theft or fire must be proven to be duly reported to the competent authorities, except for the theft and/or damage of the Customer’s personal goods contained within the vehicle or any accessory and/or accessory equipment of the vehicle, whether inside or outside the rented vehicle.

11.4 Are excluded from all insurance (standard or special) damage caused by the Customer or the

Driver while in a drunken state, or under the influence of narcotic substances in violation of D.L. 30/04/92 n. 285. In such cases the damage will be entirely borne by the Customer. The same applies to damages caused by the assumption of conduct prohibited by law or put in place in breach of these general rental conditions.

Article 12 (Roadside Assistance)

12.1 The Lessor provides an optional roadside assistance service. However, it is important to note that the coverage of roadside assistance is limited to the geographical area of Sicily.

12.2 The optional roadside assistance service includes interventions in situations of mechanical failure or other issues that prevent the proper functioning of the scooter. In case of need, the customer is required to contact the emergency number provided at the time of rental. Any unauthorized intervention will result in the non-coverage of incurred costs.

12.3 In the event that the vehicle cannot be repaired on-site and its removal is necessary, the Lessor will organize and cover the costs of transporting the vehicle, the driver, and any passengers to authorized mechanical workshops.

Article 13 (Data communication of the Driver, prevention services, claims management, theft) The Customer expressly authorizes the Lessor, – which reserves its right to its sole discretion – to communicate the data of the Driver to Judicial Authorities, Insurance Companies, Law Firms, Companies specialized in the prevention and management of thefts and claims and to use or use the contents for each action in their own protection.

Article 14 (Interest on late payment)

After the agreed deadline for the payment of the sums due, the Lessor is entitled to issue a debt note for default interest to be calculated also in accordance with Legislative Decree 231/2002, where the conditions of application are met.

Article 15 (Mode of communication)

For any written communication by Europmoto Rent, the Customer expressly accepts that the sending of written messages by computer means has the same value as a postal communication by registered mail.

Article 16 (Italian languages for the contract interpretation)

The text in Italian language of this general condition prevails over the translated text in other languages in case of diversity because it expresses the precise will of the parts.

Article 17 (Modifications at this general condition of contract)

Any changes to these General Terms and Conditions shall be subject to a special clause signed by both parties.

Article 18 (Applied Law and Place of Jurisdiction)

This contract is governed by Italian law. For any dispute between the parties relating to the rental contract, the exclusive jurisdiction of the Court of Palermo is reserved, for the Customer qualifies as “consumer”, the jurisdiction of the place of residence or domicile of the Customer.

Article 19 (Privacy Code)

19.1 In this section, when referring to the “Customer” or “Conductor” means: the person indicated in the rental agreement, any driver and any person making payments for the rental.

19.2 The data of the Client will be processed as required by EU regulation 2016/679, GDPR General Data Protection Regulation in force from 25/05/2018. For more information, please see the Privacy Policy available on our websites or request it on-site.

19.3 By signing the rental agreement, the Customer gives his explicit consent to the use and transfer of his personal data within the limits provided by current legislation.

19.4 Europmoto Rent reserves the right to trace the vehicle of the fleet through the use of satellites for the purpose of protecting its vehicles.

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

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