RENTAL CONDITIONS

GENERAL CONDITIONS (essential part of rental agreement). By signing this agreement, Renter declares to have read and approved the following conditions.

Art. 1

DITTA MONDO MOTO DI MONDUCCI FRANCESCO (hereafter name Lessor) delivers above described vehicle to Renter in perfect conditions, and Renter must return it in the same conditions at the end of the hiring period. If Renter returns vehicle before the agreed date, Renter must pay for the entire booked period. By signing this agreement, Renter accepts all the general conditions and declares that vehicle is well maintained and suitable for the agreed usage. Renter commits to not giving false information regarding personal details, age, address, and driving license so that the Renter will not be held responsible in case of false statements.

 

Art. 2

Renter must:
a. drive vehicle wearing helmet, carry passengers only if wearing helmet, look after vehicle and the provided accessories with the best care and respecting laws;
b. make sure that greasing and lubrication of brakes, and brake oil are in good condition in order to guarantee correct functioning and safety of vehicle; use vehicle with care, not driving at excessive speed or getting invol- ved in races and competitions.
Any damage or mechanical failure due to Renter’s inattention, fraud, and negligence (Cadute, Incidenti, Ammaccature ) will be charged to Renter. In case of damage value exceeding vehicle value, Renter will be char- ged for vehicle market value.
c. pay any fine, be responsible for any cut of driving license points (according to Italian driving license system), and refund Lessor resulting expenses (equal to € 30 for each fine, plus fine amount).
d. relieve Lessor of any request/demand from third parties due to any damage caused to them or their proper- ties that are attributable to the hiring firm.
e. refund Lessor, after receiving invoice, with all expenses (legal expenses included) that Lessor may pay to fulfill any obligations, such as highway tolls not payed. Renter agrees since now to being charged those expen- ses, plus legal expenses, to his/her credit card;
f. If, upon Renter’s request and Lessor’s authorization, vehicle and keys restitution takes place during the shop closing time, the hiring will expire on the date and at the time of shop’s next opening.
g. return vehicle in the same conditions it was delivered to Renter. Any damage at the moment of restitution and fixing expenses will be charged to Renter.
h. Renter has no right on rented vehicle and provided accessories and cannot keep them.

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.

Art. 4
Renter must refund Lessor any damage cause to vehicle or to parts and accessories. Renter must also refund legal expenses arisen due to accidents. Renter commits to communicating any accident occurred (even if not serious) during hiring time within 12 hours.

Art. 5
Renter commits to personally driving or using vehicle and not ceding it – whether free of charge or upon payment – to third parties for any reason:
a) with the purpose carry people or goods upon payment;
b) with the purpose to tow or push items;
c) if under the influence of drugs, narcotics, alcohol, toxic substances or any other substance that may make Renter unfit to plead;
d) in speed races or competitions;
e) for any illegal purpose;
f) with the purpose to circulate in restri- cted areas or limited traffic zones, such as near harbors or airports;
g) vehicle must not be driven by any other person than the person specified in hiring contract as driver;
h) vehicle must not be driven by any person stating false information about age, address or name;
i) vehicle must not be driven by any person under 18 years old.

In case of accident, Renter commits to:
a) immediately informing Lessor by calling the following number: +39 380/5132940; delivering a detailed report of the accident (see form included in vehicle documents, CID) within 12 hours;
b) informing the closest police station;
c) not declaring himself/herself responsible in case the way the accident occurred is not clear;
d) taking notes of third parties and witnesses’ names and addresses;
e) giving Lessor any other useful informa- tion;
f) following the instruction Lessor will give with regards to vehicle fixing or custody.

Art. 6
Renter commits to refunding Lessor any damage due to vehicle or vehicle parts theft that are not covered by vehicle insurance and paying the entire deductible value indicated in insurance policy.

Art. 7
In case of vehicle keys loss or theft, Renter commits to immediately reporting the fact to competent authority and delivering Lessor original copy of notification. Hiring rate – established depending on hire documents – must be paid even if not using vehicle. Key substitution service must be paid by Renter, plus € 50 for process managing. In case Renter does not deliver original copy of notification, if vehicle restitution date has passed, Lessor can retrieve vehicle – even against Renter’s will. Renter must refund any expenses arisen, hiring rate (calculated until date of vehicle retrieving), and key substitution cost.

Art. 8
Renter commits to delivering vehicle at established place and within the date indicated in hiring documents, or as soon as Lessor demands it, in the same conditions and with the same accessories Renter received it. In case vehicle is not delivered back within established date, Renter must refund Lessor with every extra hiring days, plus any expenses arisen for vehicle retrieval, earnings loss due to vehicle missing, and any other damage that may have been caused.

Art. 9

Renter paying vehicle hiring via credit card authorizes Lessor to charge general conditions payments to Renter’s credit card, even after vehicle restitution (in case of insurance policy deductible payments, third parties damage, fines, etc.).

Art. 10
Lessor is not responsible towards Renter (vehicle driver and/or passengers) for any kind of damage due to vehicle malfunctioning or acciden- ts. Lessor is also not responsible for any damage occurred due to theft, demonstrations, wars, due to force majeure, and fate. Any personal item forgotten by Renter on vehicle will not be kept or returned.

Art. 11

This contract is regulated by Italian Law. Any dispute that may arise with regards to legal soundness, interpretation, execution and resolution of this contract will fall within exclusive competence of Tribunal of Florence.

Art. 12
General conditions cannot be modified in any way without approval of Lessor’s spokesperson, who must have a written authorization from Lessor.

Art. 13
In case any disposition of this contract is invalid, agreement is still considered valid.

Art. 14

La nullità di una qualsiasi disposizione del presente contratto non comporterà l’invalidità del contratto di noleggio nella sua interezza.

Art. 15
Consent to the processing of personal information, according to the provisions of law 675/96 ( Legge sulla Privacy )
*After reading the processing of personal information report according to the provisions of Decreto Legislativo 196 of 2003, Renter authori- zes Lessor to:
Communicate Renter’s personal information to third parties for necessary purpose indicated in processing of personal information report;
Process personal information and communicate it to third parties for optional purpose (sub b) indicated in processing of personal informa- tion report (protection against credit risk);
Process personal information and communicate it to third parties for optional purpose (sub c) indicated in processing of personal informa- tion report (marketing activities);

Art. 16
Rental procedure:
Daily and week-end rates (see attached table).
VAT included prices and RC insurance policy with a deductible – Fire and Theft insurance with a deductible.
Driver must own valid driving license in order to be able to drive the vehicle indicated in this contract.

Art. 17
In order to book vehicle hiring, it is necessary to pay a deposit equal to 50% hiring price. In case customer cancels booking, deposit will not be returned and will be kept by MONDO MOTO DI MONDUCCI FRANCESCO.

Art. 18
LIMITS OF LIABILITY OF THE LICENSE Within the limits established by the current legislation, the LESSOR can not be held responsible, and the CONDUCTOR waives any claim against the LESSOR, 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 delay in the delivery of the hired vehicle, or by breakdowns, unforeseen events and any other cause out of control of the lessor

Art. 19
Vehicle breakdown.
According to the provisions of the law in force, Lessor cannot be held responsible, and Renter renounces any claim towards Lessor for any damage occured to Renter or third parties due to vehicle usage, or for loss or damage occurred to Renter’s belongings left on vehicle, or for damage or inconvenience due to a delay of vehicle restitution, or for vehicle breakdown, accidents and any other cause out of hiring firm’s control.

Art 20
In case of mechanical breakdown not attributable to Renter that prevents Renter from using vehicle, customer must immediately call the following mobile number: +39 380/5132940 of DITTA MONDO MOTO DI MONDUCCI FRANCESCO. Lessor will see to fixing or substituting vehicle with a similar one. In case this is not possible, Lessor will refund Renter the rate already paid for the amount of time in which vehicle is not used. In case of vehicle abandonment or driving outside Italy, Renter must refund Lessor every direct and indirect expenses due to vehicle retrieval.

Art 21

In case of seizure of vehicle by police due to Renter’s responsibility, Lessor will charge Renter for the daily hiring price for every day of seizure, with maximum price equal to vehicle substitution value on the agreed date of hiring expiration. In case this maximum price is exceeded, after receiving the whole foreseen payment, Lessor will transfer ownership of seizure vehicle to Renter.