TERMS AND GENERAL CONDITIONS OF MOTORCYCLE RENTALS
HP MOTORRAD SRL with legal head office in Crema (CR) Via Carlo Urbino,17 Cap 26013 - Italy P.iva CR ; Tel 0039027560772 Fax. (named from now "Landlord") hire the motorcycle to the renter for the period agreed. The renter certify the motorbike is in a perfect condition. 1 ) Requirement The rider must be over 18 years of age. Documents required for rental: Valid international driving licence , Id identity card or passport. HP Motorrad srl ( hereinafter referred as 'Landlord') delivers to the driver (hereinafter referred as 'Renter') the vehicle (identified on the front of this agreement) in good condition and perfectly working and the renter must return the vehicle in the same good condition at the end of rental period. The renter, by signing the rental agreement and the specific approval of general conditions, declares to have verified that the motorcycle is in good conditions and appropriate for use agreed. The renter agrees to don't provide false information about him or her personal details (age, address and valid driving license) exempting the Landlord from every consequence in case of false statement. Who signs a rental agreement in name or on behalf of a third person, he or she will answers with the same one to the obligations of this agreement. The renter is in charge of the actions and omissions of anyone who ride a motorcycle. 2 ) Renter obligations Renter is obliged to: 2.1 Wear an approved safety helmet, carry the passenger with approved safety helmet, keep and use the motorcycle, togheter with the equipment provided, with the due diligence and in compliance with the legal rules and requirements. 2.2 Ensure that greasing, lubrication and brake fluid are sufficient to guarantee maintenance and safety of the vehicle during the rental period. Use the motorcycle with care and diligence; Every damage suffered by the motorcycle for negligence will be under renter’s expense. It is expressly forbidden to use any of our vehicles for competition, rally, off road, motorcross, race of trial of speed and during high stress conditions. Renter is responsible in case of any damage (falls, road accidents, dents, mechanical failures). If damages exceed motorcycle value, renter will pay its entire market price. 2.3 All spending tickets, parking fines, congestion charges, tool charges and any other chargeable offence are renter's responsibility. (see the attached form) 2.4 Indemnify the Landlord from any claims and/ or request made by a third person for possible damages that he or she and/or their own things suffered during rental period. 2.5 Pay back the Landlord, upon presentation of invoice or proof of payment, of all expenses included legal fees that the landlord himself had to pay to obtain pecuniary obbligations. 2.6 It is intended that if on renter's request and with the autorizathion of the Lanlord, the vehicle and the keys are returned at closing time, the rental period will end at the time of the shop opening. 2.7 Keep and return the motorcycle in good conditions and perfectly working. Renters are responsible for any damage noticed when they drop off the vehicle and it will be charged as stated on this rental agreement. 2.8 Recognize to don't have any real right on the rented vehicle and all the accessorizes included. 3) Renter commitments Renter agrees to ride or use the vehicle personally. Nobody can drive the rented motorcyle except the renter or the driver expressely authorised in the delivery documents. It is expressly forbidden to: 3.1 Drive in a country where International Green Card Insurance System is not valid. 3.2 Transport people and/or goods for commercial purposes 3.3 Push or drag motorcycles or other things. 3.4 Drive under the influence of alcohol, hallucinogenic drugs, narcotics, sedatives or any other substance that may impair response time. 3.5 Use any of our vehicle for competition, rally, off road, trial events, race of trial of speed whether beetwen motor vehicles or otherwise. 3.6 Drive motorcycles in case of violation of any custom laws, driving regulation or other norms. 3.7 Drive in forbidden areas (airport, seaport, restricted areas) 3.8 Don't give real and valid documents and information otherwise the renter shall be liable for any consequences for the fulfilment of this provision. 3.9 Rider must be over 18 years old. 4) Landlord liability limitation The Landlord shall not be liable and the renter renounce for himself to make claims towards the Company, for any damages suffered by the Renter, the passengers or third parties deriving from the use of the rented motorcycle or for the loss or damages to renter's things left on it or for any economic damages deriving from the delay in delivering, failures or any other causes beyond Landlord's control. 5) Booking and cancellations The renter may book the motorcycles by email, telephone. With the booking the renter has to supply a copy of his/her driving licence and his/her identity card. 30% of the selected tariff is requested at the confirmation of renting (it depends from motorcycle model and period). The renter agrees to provide valid documents and information about him or her personal details, otherwise the renter shall be liable for any consequences in case of false statements. If the motorcycle booked is not available at the time of pick up (the previous renter has damaged the same rented motorcycle) the Landlord will provide an alternative one, possibly an equivalent motorcycle than the booked. In case the renter would like to change the motorcycle booked with an other one less expensive the renter has to pay in full the amount of the first motorcycle booked. In case of changing the name of the rider as per booking form the extra is 150 euro. 6 ) Pick up and drop off Motorcycles are delivered at the rental stations shown on website www.hpmotorrad.rentals or at other locations in according with the renter, where the motorcycles must be returned at the agreed date and time. The motorcycles are delivered in good conditions and perfectly working. The renter must verify the conditions of the rented motorcycle and put into writing all his or her considerations about functional and/or mechanical aspects of motorcycles. It is expressly forbidden to return the motorcycles during the closing time. The motorcycles must be returned during working hours ( see official website) only to one of the Company employees. The renter is obliged to pay a penalty (see art. 14) if the motorcycle is returned later than 30 minutes after the agreed time. Every contract at pick up last about 30 minutes, the credit card for the damage deposit have to be unlocked in order to speed up the operation. The motorcycles must be returned with all its accessories ( gps, helmets, gloves, jackets, rain jackets, intercoms, videocamera, side cases, top cases, chain),keys and documents supplyed at the delivery otherwise the renter will be obliged to pay a penal (see art. 14). In case of an early termination of rental period due to renter choice and not due to Landlord request or motorcycle technical fault or engine failure it will be not possible to get a refund for the remaining rental period. At the drop off, the renter undertakes to inform the Landlord for any fine incurred during the rental period. In case of late drop off of more than 24 hours (considering the drop off time on the contract) without any information from the renter (except in case of accident) , the landlord will call the police to report the event. The renter will cover the penal of 500 euro and the police expense. 7 ) Payment At the time of booking the renter must pay 30% of rental cost. The remaining 70% of total renting price must be paid at the motorcycle pick up ( invoice will be sent by email). Motorcycle rental may be paid by cash and credit card. In case of delayed payment it will be applyed an interest rate of European Bank increased by 3. 8 ) Deposit/Caution Every motorcycle needs a deposit by 7 days prior the time of pick up. Payment of deposit can only be made by credit card ( Visa, Mastercard, American Express ecc.) This is taken on a pre-authorisation basis, this is where the funds for the deposit are reserved by your bank in case of any damage, theft or charges incurred whilst the motorcycle is rented, these included: pick up or drop off in other locations, extended rental periods, unpaid penalty charges, lost of keys and/or original documents, administrative expense in case of accident-recovery and storage of the vehicle, storage cost, seizure cost and cost of the rental the vehicle will be unable to be rented from the landlord. The deposit can also be used to pay third part if this exceeds insurance coverage. The renter is obliged to refund the Landlord for any damage deriving from the theft of the vehicles or its accessorizes not covered by the insurance . The property of motorcycle is of the Landlord, by signing this agreement renter has only the possession of motorcycle.The Landlord may terminate this agreement and take back the motorcycle at any time, at renter's charge, when the motorcycle is used without respecting this agreement and with damages that exceed the deposit value. In case of theft or damages (accident) where the vehicle cannot move anymore the renter has to pay in full the cost of the rental agreed at pick up with the unlimited km quotation; in case the renter after a theft or a damage for his fault (accident) would like to change the motorcycle has to pay in full also the contract of the new motorcycle rented. With this contract the renter authorize Hp Motorrad srl to use his credit card for the damage deposit with the method of pre-authorization. In case of damages (accidents) with extra administrative costs for the Landlord ( recovery and storage of the vehicle and costs for storage period, seizure of the vehicle and costs for it, cost of the rental the vehicle will be unable to be rented from the landlord),the renter has to pay in full the amount of the damages to the vehicle plus the extra administrative costs mentioned, in other words to pay the total amount of extra administrative costs even in the case the damage to the vehicle is equal or higher of the amount of damage deposit for the vehicle rented; the cost of the rental will be calculated with the original pricelist with unlimited km. In case of damages (accidents) involving extra accessorizes provided by the Landlord not part of the basic equipment of the vehicle ( GPS, Side Cases, Top Cases, Intercoms, Helmets, Jackets, Gloves, Cameras) the renter has to pay in full the total amount of the damages to the vehicle plus the cost of the accessorizes, in other words to pay the total amount of accessorizes even in the case the damage to the vehicle without accessorizes is equal or higher of the amount of damage deposit for the vehicle rented. In case of theft involving extra accessorizes provided by the Landlord not part of the basic equipment of the vehicle( GPS, Side Cases, Top Cases, Intercoms, Helmets, Jackets, Gloves, Cameras) the renter has to pay in full the total amount of extra accessorizes, in other words to pay in full the amount of damage/theft deposit hold from the renter plus the value of the extra accessorizes stolen. In case of damages the landlord reserves the right to communicate also after the end of the contract, the damages not clear at drop off with e-mail comunication attaching proper pictures (accident claim from 3rd part, damage that can be recognized only riding the Motorcycle and after washing, track or off road signal). The Landlord reserves the right to charge the amount of the damages detected after the renter's drop off on his credit card left as damage deposit at pick up ("delayed charge").
9 ) Insurance Insurance – The rented motrocycles are insured for third part liability as per current regulations ( for damages caused to third part excluding the driver - the deductible depends from the vehicle). The renter has not insurance cover in case of: 1) – damages to the vehicle in the event of accidents caused by the driver; 2) – damages to the vehicle when the renter cannot provide data and information of the event and identify the other driver involved; 3) – damages to the driver, passengers and/or their goods; 4) – damages deriving from competitions, rally, off road, trial events, races of trial of speed whether beetwen motor vehicles or otherwise; 5) – damages when the driver is under the influence of alcohol, hallucinogenic drugs, narcotics, sedatives or any other substance that may impair response time; 6) – damages deriving from accidents not related within the prescribed time; 7) – damages caused by drivers' lack of skill and experience and/or breaking of rules of the road; 8) – damages occurred in countries where the green card is not valid; 9) – damages deriving from the transport with tow truck and/or the repatriation of the vehicle; 10) – damages caused by civil liability and/ or to third part and goods beyond the maximun coverage; 11) – damages deriving from vandalism, weather events, explosions, wars, earthquakes, fires, public events; 12) – damages deriving from renter’s negligence THEFT/FIRE In case of theft or fire or attempted theft: the renter must duly report it to the competent authorities (Police or Carabinieri) within 24 hours. A copy of the report must be sent to the Landlord. The renter is responsible in case of theft and fire. The limit of liability is up to a maximum that depends on the rented vehicle, referred to 'deductible' in this rental agreement. The insurance does not cover damages caused by the driver of the renter motorcycle in case of serius fault or gross negligence. The renter must pay the total amount of damages for failing to return original keys and when the insurance does not completely cover the cost of damage. At its own discretion,the landlord may decide to don't grant a replacement vehicle in the event of theft, fire or damages of the rented motorcycle. Rental payment, in addition to the deductible value, must be paid. 10 ) Accidents In case of accidents the renter is obliged to: a) – immediatly inform the Landlord by telephone and send by email within 24 hours the accident report ( CID – a form for car accident) filled in every particular part, or a detailed complaint; b) – inform the closest authorities; c) – don't make statements of his/her responsability; d) – take note of every name and address of all those involved and of witnesses including information about the Insurance Company (company, number of insurance policy, agency); e) – provide any useful information to the Landlord; f) – follow the instructions that the Landlord will provide concerning the store and or repair of the vehicle. The renter is obliged to refund the landlord for any damage caused to the vehicle or to the accessories and also for the expenditure on administrative management of the accident ( vehicle recovery; vehicle storage and renting costs during this period, vehicle impoundment and renting costs during this period). The renter agrees to inform within 12 hours any accident which has caused the damage (also small evidence) occurred during the rental period. In case of damages the Landlord will present to the renter the estimation cost for the damage, all damaged pieces will be replaced with new ones. The estimation cost will be made by Hp Motorrad repair shop. The Landlord will also send the estimation cost and the pictures of the damage to the renter by mail informing him. In case the renter would request a check and pictures from the dealership will be applied an extra cost for this service of 500 euro. 11 ) Failure of the motorcycle If the fault is not due to renter's fault, the renter shall be entitled to the sostitution, if possible, of the vehicle with a similar model. If the sostitution of the vehicle is not possible in the period agreed for the rent the renter will be refunded for the rental period not used. (The renter shall not be entitled to anyother damages). The Landlord agrees to refund to the renter the total amount paid for repairs due to fault of the motorcycle only when authorized by the Landlord and in the presence of a regular invoice directed to the Landlord. Unauthorized invoices won't be refunded. Every tyre puncture must be repaired by the renter under his expense. In the event of Burned out light bulb the renter will change it under his expense. It is strictly forbidden to abandon the motorcycle without Landlord authorization; in this particular case the renter must refund all the costs required to recover the motorcycle and a penalty charge of € 2.500. 12 ) Vehicle Impoundment In case of vehicle impoundment by judicial authorities for reasons attributable to the renter, the Landlord will charge the same daily cost for the renting calculated on this contract – until the release of the motorcycle – with a maximum equal to the value of the vehicle at the ending time of the agreed rental period. 13 ) Rental conditions Rental conditions: WEEKEND FORMULA – this rate only applies from Friday (from 16 pm) to Monday ( to 10 am),the vehicle must be returned at the time indicated on the rental contract. Prices incuding VAT and third part insurance with a deductible in case of accident and fire/theft with exclusions – For some vehicles it is possible to activate a comprehensive insurance ( polizza kasco) with a deductible (if applicable) and an extra daily cost. - The minimum rental period is of one day (max. 24 hours). - Prices for Pompei/Venice/Turin/Como/Zurich/Lugano rental station are with unlimited km only and will be quoted upon request. That one day minimum period is valid only: Monday,Tuesday, Wednesday and Tuesday – except the weekend – It is forbidden to rent a motorcycle with a learner's permit. - Fuel costs are renter's responibility. Renter will receive motorcycle with a quantity of fuel and is responsible to return the motorcycle with the same quantity. If Renter doesn't return the motorcycle with the same quantity, he/she will pay the cost for refuelling. Prices available during World Ducati week, Mugello and Misano periods are only with unlimited km. The renter undertakes to pay an extra cost to the Landlord, in the following cases: –Return of the vehicle after closing time of the Company (tolerance of 30 minutes) – extra cost of € 50. Later than 30 minutes an extra day with unlimited mileage will be charged. –Delay of returning within 30 minutes after the agreed time – extra cost of € 30. Later than 30 minutes an extra day with unlimited mileage will be charged plus extra cost of 50 euro. – Picking up and Returning of the vehicle on public holidays (Sunday included) with the authorization of the Landlord – extra cost of € 50. 14 ) Charge –Loss and/or damages and/or theft of: Documents € 250 –Loss and/or damages and/or theft of: Keys € 500 –Loss and/or damages and/or theft of: Plate € 700 –Motorcycle abandonment € 2500 15 ) Disputes The present rental agreement is governed by Italian Laws. Any dispute between the parties relating to or arising from this agreement shall be submitted to the jurisdicion and the competent court where HP Motorrad is legally established (jurisdicion and competent court of Cremona – Italy). 16 ) Translation In the event of any conflict between the original italian version of this agreement and the english version, the italian one will prevail. The english version is considered only a translation. 17 ) Privacy For the implemention of articles 10 and 11 of 675/1996 Italian Law, regarding the protection of people and other subjects in the field of processing of personal data, HP Motorrad srl informs that the collection of personal data will be carried out in according to the following purposes: a) to comply the contractual obligations; b) to carry out activities of marketing and advertising; c) to send information and promotional materials; d) to carry out statistical analysis; e) fulfill the obligations under Italian and EU Laws and Regulations on privacy and personal data protection. The processing of personal data will be done by HP Motorrad or third parts, in accordance with the confidentiality and security rules. HP Motorrad informs the user the provision of data relating personal information, address and payments is essential for the execution of the rental agreement. Article 13 of 675/1996 Italian Law recognises the following rights: - free access to the register kept by the data protection Authority, to verify the existence of personal data that can concern you, - be informed about the holder and data processor, as well as the purpose and modalities of processing, - require cancellation , anonymization or blocking of data in violation of the law. - require updating, correction or integration of data, - receive confirmation that the operations described in the preceding paragraphs are brought to the attention to the people to whom data have been communicated and transmitted. - refuse data processing for legitimate reasons. - refuse, in whole or in part, the processing data for advertising, statistical and/or marketing purpose and the possibility to exercise this right. The holder of data processing in accordance to 675/1996 Italian Law is HP Motorrad srl with its registered office in Via Carlo Urbino 17, Crema (CR) – Italy. Received the information on art. 10, you hereby authorize Hp Motorrad for the use of yours personal data in relation to the Italian Law (art. 13 n°675/1996). In the event of breach of contract, personal data may be disclosed to third parties for the sole purpose of allowing the credit recovery. In accordance with the Articles 1341 – 1342 of Italian Civil Code, I declare that I have carefully read and specifically approve the above-mentioned clauses.