Terms and Conditions
- Art. 1
The Private Company "Il Rosso Vespa Tour" , Sanremo (IM) ( hereinafter Lessor) makes available to the Conductor the motorcycle (hereinafter for brevity scooter) identified in point 1) part I of this agreement in excellent state of maintenance and in conditions of use as ascertained by the parties in terms of point 6) part I; the Conductor undertakes to return the motorcycle (scooter) and any accessories to the Lessor at the end of the rental period in the same conditions in which he received them.
- Art. 2
The mandatory relationship established between the parties with the signing of this contract is strictly personal: the contract is non-transferable and the Conductor is expressly forbidden to assign the contract or to sublease the scooter. With the signing of this contract and the taking over of the scooter, the Conductor, as the exclusive legitimate holder of the leased asset, is the only person authorised to use and drive it and as such it must not allow its use by third parties at any title and for any reason.
The Conductor and actual user of the scooter must be over 21 years of age.
The Lessor, owner of the real right on the property, retains possession of the scooter which he can request at any time to the Conductor for immediate return ; in this case, the Lessor will return to the Conductor only the part of the rental price relating to the period of non-enjoyment of the leased asset, excluding any other request for reimbursement or compensation for any reason , without prejudice to the Lessor's right to withhold from the amount relating to the costs incurred for the repair of the vehicle if damage has been caused to the scooter.
- Art. 3
By signing the contract, the Conductor declares under his (her) own responsibility that he(she) gained at least two years of experience in driving motorcycles or scooters, that he(she) is in physical and mental conditions of full capacity to drive and that he(she) has neither have made nor used substances , that could affect the ability to drive motor vehicles in general. In the event of consummation during the rental period of substances of any nature that could alter the ability to use the vehicle, the Conductor undertakes not to drive. The Lessor reserves the right to subject the Conductor to prior driving test and, in the event of a negative outcome, to refuse the delivery of the scooter by charging the cost of a day of rental. Upon taking over the scooter, the Conductor and any passenger must be equipped with suitable clothing for motorcycle use and such as to guarantee the necessary safety conditions, otherwise the Lessor may refuse delivery of the scooter by charging the cost of a rental day.
- Art. 4
With the signing of the contract the Conductor also assumes the following obligations:
a. the Conductor undertakes to drive the scooter with the necessary prudence and in strict compliance with the rules governing road traffic in compliance with the speed limits and to use it exclusively for personal mobility for tourism purposes for which the rental is intended;
b. the Conductor undertakes to use and keep the scooter, together with any accessories supplied, with the utmost care and diligence in order to maintain said assets in the same conditions in which they were at the time of the delivery made to him (her) by the Lessor and in order to prevent the risk of theft or damage; in particular, the scooter must not be parked in insecure areas or with unstable or yielding road surface and must always remain under the direct control of the Conductor (user).
c. during the rental, taking into account its duration and mileage, the Conductor undertakes to diligently check the condition of the scooter so as to ensure its regular operation and driving safety by checking in particular the levels of the lubricating liquid, brake oil and tire pressure
d. the Conductor undertakes to pay the administrative penalties relating to the traffic violations committed during the rental period at the time of their dispute; in the event of failure to directly contest the violation, the Conductor undertakes to reimburse the Lessor the amount of the penalties and any for any additional expenses resulting from the infringement report notified to the property
e. the Conductor undertakes to indemnify and hold harmless the Lessor from any claim and / or request made against him by third parties for any damage caused to them during the rental and excluded from the insurance coverage operating on the motorcycle (scooter)
f. the Conductor undertakes to compensate all damages caused to the vehicle, its parts or accessories and / or to reimburse all expenses, costs and charges of any kind deriving to the Lessor from the rental relationship covered by this contract if their amount exceeds the amount of the security deposit referred to in point 5 part I or when they have been ascertained or quantified only after the rental has been closed (for example: costs for unpaid motorway tolls, fines, damages in excess, purchase of spare parts, revival interventions etc.); if the damage caused to the motorcycle (scooter) was such as to make repair uneconomic, the parties agree to predetermine the amount due to the Lessor by way of compensation for the damage in the current market price for the purchase of another scooter of the same model with same conditions for the new one.
- Art. 5
The scooter subject of this lease contract can only be used in Italy, excluding any foreign country; the use of the scooter is also allowed in France or/and in the Principality of Monaco only if the route previously booked by the Conductor requires transit in these countries.
- Art. 6
For the purpose of concluding the lease, the booking of the scooter must be made no later than 24 hours before the date scheduled for the start of the rental, by e-mail or directly on the website www.ilrossovespatour.com. The cancellation of the reservation can only be made by e-mail and , in relation to the timeliness of the cancellation, the following penalties apply:
- from 21 days to 15 days before the rental start date : 50% of the total amount
- from 14 days to 7 days before the rental start date : 60% of the total amount
- from 6 days to 1 day before the rental start date : 80% of the total amount
- On the day of rental start or no-show : 100% of the total amount. - In the event of bad weather on the day of rental, the Lessor will have the right to retain: 15% of the total amount.
- Art. 7
The Conductor must communicate to the Lessor as soon as possible also via e-mail if he has incurred any infringements, if he has been accused of violations or if he has been notified of acts or minutes of the authority concerning the use of the scooter during rental; if the lock or seizure of the vehicle is threatened or in progress, the Conductor must inform the Lessor immediately by communicating the relative report. In the event of a seizure, the costs of custody of the scooter will be charge to the Conductor , and additionally, the compensation for damage due to the unavailability of the asset, will be charged to the Conductor if at the end of the rental period the vehicle has not yet been released, the amount equal to the daily rental rate for each subsequent day until release from seizure and in any case up to the cost of the purchasing a replacement scooter.
- Art. 8
In the event of a claim, the Conductor:
- must immediately inform the Lessor by telephone and send by email within the following 24 hours a brief report on the incident together with a copy of the accident report form (CAI form) which is provided together with the scooter documents;
- must request the intervention of the Local Police or other competent Authority to detect and ascertain the accident by refraining from making statements in the minutes that may engage the responsibility of the Lessor if the dynamics and responsibility in the cause of the accident are not certain;
- must complete the CAI form if necessary and in any case take good note of the names, addresses and contact details of all the parties involved and of the witnesses as well as the plates of the other vehicles and relative insurance policies;
- must comply with the instructions provided by the Lessor regarding the removal, transport, hospitalization, custody and repair of the motorcycle (scooter).
Before being able to resume circulation following an accident, even of a small entity, the Conductor must request the authorisation of the Lessor who will grant it upon positive completion of the technical checks on the vehicle. The rental fee is also due for the days and time of non-use of the scooter as a result of the accident.
- Art. 9
In the event of failure or malfunction of the scooter during the rental, the Conductor must immediately inform the Lessor that he(she) will proceed to a preventive checks on the nature and cause of the failure. If the scooter cannot be promptly repaired, the Lessor will replace it with another scooter where available. If the cause of the failure is attributable to the use made by the Conductor incorrectly, improperly or contrary to the provisions of this contract, the replacement may be denied. In the event of refusal or impossibility of replacement due to unavailability of another scooter, the Conductor will be entitled to a refund of a portion of the price referable to the unused part of the rental but, if the fault is attributable to his fault, Conductor will have to reimburse the Lessor the cost of the repair. In the event of early termination of the rental due to a mechanical failure, the parties agree to exclude compensation for further damages with respect to the partial loss of the rental such as e.g. that for the failure to reach a residence or for the loss of another kind of reservation. By signing this contract, the Conductor declares himself(herself) aware that the choice to use a motorcycle (scooter) as a means of transport for tourism purposes implies the possibility of incurring a mechanical failure and the acceptance of any related consequence; therefore declares that it intends to waive as of now, upon the occurrence of such a hypothesis, any further claim for compensation with respect to the partial reimbursement of the rental.
In the event that the Conductor, after having communicated to the Lessor and with his express authorisation, has provided during the rental to have the motorcycle (scooter) repaired at a workshop indicated by the Lessor (or elsewhere in case of need) the expenses thus incurred, duly documented, will be reimbursed by the Lessor at the end of the rental. Repairs to tires for punctures or other damages that occurred during the rental are entirely and exclusively borne by the Conductor who must however notify the Lessor and document the interventions carried out on the scooter and the costs incurred.
- Art. 10
In the event of the theft of the scooter or parts of it, in case of fire and in the event of the theft , damage or loss of the numberplate , theft or loss of registration certificate, theft or loss or failure to return the ignition key, the Conductor undertakes to immediately report the fact to the competent Authority and to deliver the original of the complaint to the Lessor. The rental fee indicated in the contract is fully due even if the Conductor, due to the theft, fire, loss of the key, the plate, etc. has not been able to use the scooter for the whole or for the part of agreed period. in the cases mentioned above, the Conductor undertakes to fully compensate the damages suffered by the Lessor whose amount is predetermined as a penalty as follows:
-Theft or fire of the motorcycle (scooter): €1.500,00
-Theft or loss of the key: €150.00;
-Theft, damage or loss of the plate: €500.00;
-Theft or loss of the registration certificate: €250.00;
-Theft, damage or loss of the navigator, the top case or other accessory supplied: the cost for the purchase of a similar replacement product.
- Art. 11
The duration of the lease is indicated in art. 1) part I of the contract; The Conductor undertakes to respect the terms of the start and end of the rental and to return the scooter and the accessories supplied by the Lessor, in the same conditions in which the assets were delivered to him ( her), in the place, on the date and within the time indicated in art. 2 part I of the contract. Delayed return of the scooter will result in a penalty of € 50.00 / h being charged for the first 2 hours and the price for the entire rental day for the following hours. In the event that the return of the motorcycle (scooter) is brought forward compared to the term indicated in the contract upon request and by the Conductor's need, the price corresponding to the unused rental period will not be refunded.
- Art. 12
By signing this contract, the Conductor relieves the Lessor of any responsibility for any damage that he (she) and / or any passenger carried on the scooter, subject of the contract , have to suffer during the lease due to breakdowns or malfunctions of the motorcycle (scooter) itself or in the event of a road accident. The Conductor also acknowledges that the Lessor is exempt from any liability for any damages that he(she) and / or any passenger have suffered during the rental attributable to unlawful acts of third parties, causes of force majeure, unforeseeable circumstances, exceptional and unpredictable events.
- Art. 13
This agreement is regulated by the Italian law. The Italian version of the contract and the general conditions ( available on the website www.ilrossomototour.com) prevails over other languages. All disputes that may arise in relation to the interpretation, execution and termination of the contract will be devolved to the exclusive jurisdiction of the Court of Imperia.