Ischia Rental Service - Terms and conditions

ART. 1 - REQUIREMENTS
Motorcycles are only rented to people 18 years of age or older.
The documents required for rental are the driving license, identity card and tax code. The company Hermes S.r.l. ¬¬¬¬(hereinafter referred to as "Renter") delivers to the Customer the vehicle identified above, in an excellent state of maintenance and must be returned in the same conditions to the Renter at the end of the rental period.
The Customer undertakes not to provide false information about their personal details, their age, their address and the existence of the legal requirements for driving qualification, expressly exempting the Renter from any prejudicial consequence that may arise for the latter in case of false declarations. Anyone who signs this contract in the name or on behalf of a third party is jointly liable with the latter for the execution of the obligations deriving from it also for the other effects of art. 116 paragraph XII of the Highway Code relating to entrustment to an unaware person of driving license. The Customer is responsible, in any case, for the actions and/or omissions of anyone who drives the rented motorcycle.

ART. 2 - VERIFICATION AND CUSTOMER OBLIGATIONS
The Customer verifies that the motorcycle is delivered to him in excellent condition, regularly maintained and with a full tank of fuel.
The customer undertakes:
2.1. To drive the vehicle with the approved helmet worn, to transport the passenger only with the approved helmet worn, to look after the vehicle, together with the equipment provided, with the utmost diligence and in compliance with all legal regulations.
2.2. To use the motorcycle with care and prudence, not to subject it to high speeds and efforts, not to use it in races and competitions. Any damage and damage suffered by the motorcycle due to negligence, willful misconduct and carelessness (by way of example but not limited to falls, accidents, dents and mechanical failures) will be considered the responsibility of the Customer. In the event of damage exceeding the value of the vehicle, the customer will be responsible for the market price of the motorcycle.
2.3. To directly pay for any parking fines contested during the rental period by signing the attached form for fines.
2.4. To indemnify the Renter from any claim and/or request made by third parties for damages suffered by them and/or suffered by goods owned by them in any way attributable to this contract.
2.5. To reimburse the Renter for any expenses, including legal ones, that he may incur to obtain the fulfillment of financial or other obligations due for any reason.

2.6. It is understood that if, upon request of the Customer, the return of the vehicle and its keys has been authorized by the Renter during the closing hours of the shop, the rental will end on the date and time of reopening of the commercial premises.
2.7. To return the vehicle in the same conditions found at the time of rental, as per the signed graph on page. 1 of this contract. Any damage found upon returning the vehicle will be attributed and charged to the Customer.
2.8. The Customer acknowledges that he does not have any real rights over the rented vehicle and the accessories supplied and, therefore, that he cannot dispose of them in any way.

ART. 3 – CUSTOMER COMMITMENTS
The Customer undertakes to drive or use the vehicle personally and not to transfer, free of charge or for a fee, its use to third parties for any reason, and in particular undertakes that the motorcycle will not be used:
3.1. For the transport of people or things to compensation.
3.2. To push or tow objects.
3.3. Under the influence of drugs, narcotics, alcohol or intoxicants or other substances capable of impairing the ability to understand and react.
3.5. In racing, on the track, off road, competitions or speed and/or skill tests.
3.6. For a purpose contrary to the law.
3.7. For circulation in prohibited areas and in access or service areas to port areas and limited traffic areas.
3.8. As a person who has not reached the age of majority.
3.9. Outside the territory of the island of Ischia.

ART. 4 – LIMITATIONS OF RENTER'S LIABILITY
The Renter cannot be held responsible towards the Customer, or the driver of the motorcycle and/or those transported, for damages of any nature, damage from a ruined holiday, emerging damage or loss of profit, and any other economic or non-economic damage, in any way attributable, even indirectly, to this contract or that they suffer due to malfunction of the vehicle or due to road accidents.
Likewise, the Renter cannot be held responsible for any type of damage occurring as a result of theft, riots, wars, causes of force majeure and fortuitous events.
Any objects forgotten by the Customer on the rented motorcycle will be considered abandoned and the Renter is not required to keep them and return them.

ART. 5 - RESERVATION AND CANCELLATION
Vehicle reservations can be made via email or by telephone. When booking the motorcycle, the Customer must provide a copy of the driving license, identity document and tax code. You will have to pay ___% of the rate to confirm the booking. The Customer undertakes not to provide false documents and/or false or incomplete information, assuming all responsibility deriving from the violation of this clause.

ART. 6 – PICKING UP AND RETURNING THE VEHICLE
The motorcycles are delivered to our headquarters in Forio (Na) at Via Provinciale Panza n. 374 (Cuotto location) or at other points agreed with the Customer, where they must also be returned on the agreed date and time. The motorcycles are delivered in good storage and operating conditions. The Customer is required to check the conditions of the rented vehicle and must report, in writing, any observations on the state of the bodywork or mechanics.
It is expressly forbidden to return the vehicle during the Renter’s closing hours and, in any case, the motorcycle must be delivered to one of his representatives, unless previously agreed with the Renter. In the event of a delay in delivery exceeding 30 minutes compared to the agreed time, the Customer will be required to pay a penalty (please refer to art. 14).
The motorcycle must be returned equipped with all accessories, keys and documents existing upon delivery by the Renter. Otherwise, the Customer undertakes to pay a penalty (see article 14). In the event of early termination of the rental period by choice of the Customer, it will not be possible for the Customer to obtain a refund of the portion of the fee relating to the remaining period of non-use of the vehicle.
The Customer undertakes to communicate to the Renter, upon return of the vehicle, any fines and/or administrative sanctions imposed during the rental period as well as to arrange for the payment of the same.

ART. 7 - PAYMENTS
At the time of booking, a deposit equal to ¬___% of the rental cost is required, while the balance must be paid upon collection of the motorcycle.
Payments can be made by cash, debit card or credit card.
In case of late payment of the sums due, the interest rate will be applied, as per law, increased by three percentage points, for which a regular invoice will be issued.

ART. 8 – SECURITY DEPOSIT
The Customer pays the Renter, at the same time as signing this contract, the sum of €¬-_________ as a security deposit, a sum which will then be returned to the customer upon return of the motorcycle once the absence of the conditions set out in this document has been ascertained article (damages, sanctions, fines, etc.) if paid
At the time of rental, the contract holder will in any case be asked for a credit card in his name as a guarantee. By Credit Card we mean exclusively the one with the numbers stamped in relief belonging to the main banking circuits i.e. Visa, Mastercard, American Express, etc.. Credit cards for electronic use (Postepay and similar) are therefore excluded. The deposit will not be collected but can be used to cover expenses in the event of accidents, fines, penalties and administrative costs (vehicle recovery, vehicle storage and related rental costs during storage), loss of keys or vehicle registration documents . The deposit may be used to cover damages to third parties which imply the payment of the insurance deductible. The Customer undertakes to compensate the Renter for any damage resulting from the theft of the vehicle or parts thereof not covered by the insurance policy of the vehicle itself and to pay in full the value of the deductible indicated in the policy. In the event of theft or accident, where the motorcycle cannot be used, the Customer undertakes to reimburse the rental cost for the entire duration of the stipulated contract; in the event that, following an accident, the Customer wishes to rent another motorcycle, he/she undertakes to also pay the cost of renting the motorcycle with a new contract. The Renter reserves the right to terminate the contract in the event of violations of the provisions of this agreement at its sole discretion, and to request the Customer to immediately return the motorcycle.

ART. 9 – INSURANCE COVERAGE – THEFT AND FIRE
All motorcycles are covered by civil liability insurance (RCA), which covers damage caused to third parties, with different deductibles and are geolocalised. The validity of the insurance coverage made available by the Renter is subject to compliance by the Customer with all the relevant provisions. The Customer is not guaranteed by insurance coverage: 1) For damage to the rented vehicle when these have been caused in accidents in which the Customer is responsible for the same; 2) For damage to the rented vehicle when the Customer is unable to provide data and elements suitable for reconstructing the event or identifying the offending vehicle; 3) When the vehicle is used for illicit purposes, for speed competitions or competitions of any kind, towing and transport of goods; 4) When the rented vehicle is driven by a person under the influence of alcohol or drugs or other substances capable of decreasing their driving skills; 5) For damages resulting from accidents not reported within the prescribed deadlines; 6) For damages caused intentionally, or caused by failure to comply with the rules of the road code, or caused by negligence on the part of the Customer; 7) For damages for civil liability and damages to third parties and things beyond the policy limits; 8) For damages resulting from acts of vandalism, atmospheric events, demonstrations, explosions, fires, earthquakes.
In the event of theft, fire or attempted theft: the Customer is obliged to file a regular report with the competent authorities by presenting an original copy to the Renter within 24 hours. The Customer is responsible for the event of theft or fire of the vehicle. The damage suffered is the sole responsibility of the Customer in the event of willful misconduct or gross negligence on the part of the Customer and in cases where the insurance does not fully compensate for the damage. The Renter may, at his sole discretion, not grant a replacement vehicle in the event of theft, fire or serious accident of the rented vehicle, regardless of the reasons that led to the event.

ART. 10 – CLAIMS
If an accident occurs, the Customer undertakes to:
a) immediately inform the Renter, sending him within the next 12 hours the CID correctly completed in all its parts, or in its absence, a detailed report of the facts;
b) inform the nearest police authority;
c) take note of all the names and addresses of the parties and any witnesses including the details of the insurance companies of the vehicles involved (company, policy number, agency);
d) provide the Renter with any other useful information;
e) follow the instructions that the Renter will provide regarding the storage and/or repair of the vehicle.
The Customer undertakes to compensate the Renter for any damage caused to the vehicle or to parts and accessories of the same, as well as to reimburse all administrative management costs of the accident (vehicle recovery, vehicle storage and related rental costs during storage, seizure of the vehicle and related rental costs during seizure).
In the event of an accident caused by the customer, the renter will present an estimate of the damage for replacement of the damaged parts with new spare parts, also informing the customer with relevant photos of the damage. The renter reserves the right to charge the customer all amounts relating to damage caused to the vehicle received or detected after its return, authorizing the debit of said amounts on the card left as a security deposit.

ART. 11 – FAULTS
In the event of a technical failure of the rented motorcycle not attributable to the Customer and which precludes the possibility of using the vehicle, the Renter will, if possible, replace the vehicle with a similar one.

The Renter undertakes to reimburse the Customer for sums spent on repairs due to breakdowns of the vehicle, provided that they appear on an invoice duly addressed to the Renter and have been previously authorized by the Renter. Invoices for repairs not authorized by the Renter will not be reimbursed. Any tire puncture must be repaired at the Customer's expense, who undertakes to report the puncture to the Rental Company for obvious vehicle safety reasons. Any burnt out light bulb must be repaired at the customer's expense. Abandonment of the vehicle without authorization entails the customer's obligation to reimburse all direct and indirect expenses necessary for the recovery of the vehicle and a penalty of €2.500,00.

ART. 12 – SEIZURE OF THE VEHICLE
In the event of seizure/confiscation of the motorcycle by the judicial authority for reasons attributable to the Customer, the Renter will charge the customer the daily rental cost calculated on this contract, until the vehicle is released from seizure, with a maximum amount equal to the replacement value. of the vehicle on the expiry date of the agreed rental period.

ART. 13 – RENTAL LEASES
The rental has a minimum duration of 1 day (max. 24 hours).
Rentals with a learner's permit are not permitted.
The vehicle is delivered with a quantity of fuel and must be returned with the same quantity.
Otherwise, the Customer undertakes to pay the Renter the cost relating to the missing fuel quantity.
In case of return of the motorcycle after the agreed time and day, the Customer will be charged a penalty as follows:
Return after closing time (30 minute tolerance) supplement €50.00 while beyond 30 minutes an extra day of rental will be charged.
However, in the event of a delay in the return established in this contract within 30 minutes of the agreed time, a supplement of €30.00 will be charged; beyond 30 minutes an extra day's rental will be charged.

ART. 14 – PENALTIES
Loss and/or damage and/or theft of documents €250,00;
Loss and/or damage and/or theft of keys worth €500,00;
Loss and/or damage and/or theft of license plate €700,00;
Vehicle abandonment €2.500,00.

ART. 15 – PRIVACY PROTECTION
The Customer declares to have received the information on data processing pursuant to the articles. 13 and 14 of EU Reg. n. 679/2016 and to have been informed in advance about the name of the Data Controller, the processing methods, the retention times of their data and the rights of the interested party. The signing of this contract constitutes consent by the Customer to the aforementioned data processing for the purposes indicated in the attached "Personal Data Processing Information (articles 13 and 14 EU Reg. 2016/679)".

ART. 16 - TRANSLATION
Between the two version and the contextual version in English, the Italian version will prevail.

ART. 17 – JURISDICTION
The competent court to resolve all disputes arising from the implementation or interpretation of this contract is the Court of Naples - Detached Section of Ischia or the Justice of the Peace of Ischia.

ART. 18 - REFERENCE TO THE LAW
For anything not expressly provided for in this contract, please refer to the legislative provisions established on the matter.