GENERAL CONDITIONS OF HIRING
EXPRESS ASSUMPTION OF RISK/RELEASE OF LIABILITY FOR NEGLIGENCE
The Company Multirent Toscana S.r.l. grants to Customers that rent motorcycles in accordance with these general conditions of hire, which are an integral part of the rental.
FOREWORD. To drive a vehicle rented from Multirent Toscana s.r.l. the driver must hold a valid driving license for the class of vehicle being rented and be over the age of 21 years. Customers must have a protective helmet (mandatory for all two wheeled vehicles) which is appropriate according to Italian law. The vehicles are equipped, depending on the model, with side bags and rear box, lock, tools on board. The amount of deposit must be covered by the customer’s credit card.
1) PICK UP and DELIVERY.
The vehicles are delivered at the rental location Multirent Toscana s.r.l. at the arranged time of booking and must be returned to the same place, date and time indicated in the rental unless otherwise agreed in writing with Multirent Toscana s.r.l. The vehicles are delivered in good condition of storage and operation, without apparent or hidden damages, Multirent Toscana S.r.l. reserves the right to terminate the contract and resume possession of the vehicle at any time at the expense of the Customer in case the vehicle is operated in violation of the following article 5 or non-payment for a previous invoice. Any deposit will be returned within thirty days following the return of the vehicle, after setting off any debts of the Customer.
2) DAMAGE, THEFT, FIRE, ETC.
The customer will be held directly accountable to Multirent Toscana S.r.l in the event of theft and / or fire and / or damage to the vehicle, and for all damages caused or suffered to and from the rental vehicle for the entire rental period, even if damages are related to theft and / or unforeseeable circumstances and / or third parties. In these cases the responsibility of the customer’s liability is limited to the amount of the damage deposit. This limit of liability only applies when: a) the customer has a copy of an immediate report to the competent authority and has notified Multirent Toscana S.r.l at the time of the damages occurring; b) the customer can return of the keys and vehicle documents; c) the customer has strictly observed the Article 5 of these Conditions of Hire. In cases where the damage, theft and / or the fire is caused by willful misconduct, gross negligence of the customer, the same will be held responsible to compensate Multirent Toscana S.r.l for the full amount of damage, without limitation, and in addition costs associated to the detention of the vehicle, costs for recovery of the vehicle and for any lost rental income while the vehicle is detained.
The Customer will pay or reimburse Multirent Toscana S.r.l , at the time requested, the amount: a) Of time and mileage charges calculated according to the rates in force, the minimum rental charge is 24 (twenty-four) hours of rental, any delay in return of more than 45 minutes will give rise to a charge of an additional day (24 hours rate) rental for each day or part thereof of delay in case of violation of Article 1 paragraph the charge time will be calculated as if the delivery had occurred on the date of reopening of the receiving station; b) Of the charges for the damage waiver, theft waiver and fire according to the rates specified in the rental or farm tariffs in force, if any; c) Of any penalty charges for compensation for the damage referred to in art.2; d) the charge for missing fuel, inclusive of operating costs of the service supply by Multirent Toscana S.r.l if the customer does not return the vehicle with at least same amount of fuel supplied at the time of delivery. e) the charge for failure to return the vehicle at the departure station, according to the rates in force upon signing of the rental; f) Of any taxes applicable to the rental or the amount of such taxes levied by Multirent Toscana S.r.l in reimbursement of same; g) Of the costs incurred for late payment of sums due. The customer will be required also to pay a sum by way of interest rate corresponding to the official discount, plus five percentage points, calculated on a daily basis. The customer will also be required, for the recovery of debts, to pay all legal costs encountered by Multirent Toscana S.r.l to recover what is payable; h) Of eventual fines, penalties, court fees or other taxes Multirent Toscana S.r.l by law, and the related operating costs for the recovery of the credit, resulting from the use of vehicle during the rental period unless they are attributable to the fault of Multirent Toscana S.r.l , in which case, however, the Customer, or any other person, you will not be relieved from liability for illegal conduct. i) The costs incurred for the repair of the property rented. Customers who provide credit card details agree that the earnest, rental charges and any costs above are charged on their behalf and authorize Multirent Toscana S.r.l, in case of cancellation of rental, to charge their credit card, according to the following schedule:
- More than 30 days before the booking: 100 Euro
- Between 30 to 15 days before 50% of the rental
- Between 15 to 7 days before 70% of the rental
- Between 6 to 1 day 100% of rental rate.
Cancel require written communication between the customer and Multirent Toscana s.r.l.
4) RESPONSIBILITY EXEMPTION .
Within the limits prescribed by law, Multirent Toscana S.r.l not be liable for any damage suffered by the Customer or any third party arising from the vehicle or for loss or damage to property owned by the customer left in the vehicle or damage or inconvenience results from the delay in deliver, from faulty or any other cause beyond the control of Multirent Toscana S.r.l . By signing this document The customer declares to have checked and tested the vehicle, and that they are aware of the perfect mechanical efficiency and safety conditions thereby accepting of the vehicle for rental, exempting the renter from all obligations and / or liability for any damages or injury caused or suffered by the lessee.
5) USE CONDITIONS .
The customer as guardian of the vehicle must protect and use the vehicle with due diligence, and in particular must not allow the vehicle to be used: a) to carry passengers and / or property for commercial purposes, or transposed illegal goods (smuggling, drugs) b) to push or tow vehicles, trailers or other things; c) in races, trials or competitions of speed; d) the Customer or by the driver under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates or any other substances that detract from the knowledge or ability to react; e) in violation of any provision of customs, traffic or other regulations; f) driven be person other than the Customer unless such person has been identified in the rental agreement and authorized by Multirent Toscana S.r.l. g) be taken outside of Italy without the express authorization of Multirent Toscana S.r.l and without the appropriate insurance extra if required. It is strictly forbidden to re-rent the vehicle to third parties in any form. The customer is obliged to use all of them anti-theft features whenever the vehicle is parked and the abandoned, although in places and secure areas.
Multirent Toscana S.r.l provides insurance coverage for people who use the vehicle with the permission of Multirent Toscana S.r.l (and not in other cases), with the following ceilings expressed:
- In case of death of the custome: 26,000 Euro
- In case of permanent disability: 26,000 Euro
- In case of hospitalization: € 26.00 per day, with a maximum of €2600.00 per year
- For medical expenses: up to €1100.00
The customer can ask to see written details of this insurance policy. Vehicles are covered by third party insurance only
Any claim must be communicated to Multirent Toscana S.r.l within 24 hours of the accident. When necessary the Customer shall immediately submit a report to the competent authority and send a copy to Multirent Toscana S.r.l within 24 hours of the accident. A “casualty report” form is attached to the vehicle documents and must be completed at the time of the accident and delivered a Multirent Toscana S.r.l at the return of the vehicle. Customer must obtain all required information relating to witnesses and other vehicles involved, insofar as possible, completing the relevant sections of the casualty report (Cid). The Customer agrees to cooperate with Multirent Toscana S.r.l and insurers in any investigation or legal proceeding.
8) FAILURE or DAMAGE.
In case of failure and / or damage to the vehicle, not due to negligence or willful misconduct of Customer, or third parties, the customer is urgently required to disclose details of the incident to Multirent Toscana S.r.l (call +39 393 9245736 24 hours per day) and to provide with the utmost care and precision all the data related to the incident. In the absence of these communication the customer is liable for the cost of the damages up to the limit of liability as explained above. In case the rented vehicle is unable to complete the rental, Multirent Toscana s.r.l. will provide a replacement vehicle, or if that is impossible to replace, to pay the portion of the fee not enjoyed. The replacement and / or repayment of the above are excluded in the event of failure or damage not covered by insurance (theft and / or fire) or caused by third parties. The customer must not make decisions without express permission of Multirent Toscana S.r.l . The abandonment of the vehicle and / or travel abroad without permission, resulting in loss of any opportunity to use the vehicle will result in the customer being liable to repay a Multirent Toscana S.r.l all direct and indirect charges related to the recovery of the vehicle. The customer is not entitled to reimbursement of expenses for repair if not previously authorized by Multirent Toscana s.r.l. If damage to tires results in repair while the vehicle is rented, the renter is required to replace them at their own expense.
The customer signing the rental terms and conditions maintains liability for the rented vehicle until return of the vehicle to Multirent Toscana S.r.l.
The two signatories accept exclusive jurisdiction by the court of Pisa
Italian language of text always prevail in case of conflict with the text translated into other languages. According to the effects of the provisions of Art.1341 and 1342 of Italian Cod.Civile, the customer declares to have read these terms and conditions of rental and read all the articles of the present contractof Hire, front and back, and accept fully the contents, explicitly and specifically approving the terms of all art. from No. 1 to No. 11.