Terms & Conditions
Art. 1
Motostory S.r.l delivers to the Driver (hereinafter referred to as "Conductor") the vehicle best identified on the front of this agreement, in an excellent state of maintenance and under the same conditions it must be returned to Motostory S.r.l at the end of the rental period.
The Driver taking delivery of the vehicle, by signing the rental letter and the specific approval of these general conditions, declares to have verified that it is in a good state of maintenance and suitable for the agreed use. The Driver agrees not to provide false information on the general information, his age, his address and the existence of the legal requirements for driving license, expressly exempting Motostory S.r.l from any prejudicial consequence deriving to the latter in case of false declarations.
Art. 2
On request, the Driver can sign on his own initiative a further insurance policy for the damages suffered by the motorcycle driver or by the transported person; the Tenant declares to know, accept and undertake to comply with the conditions of the insurance policy (a copy of which is given to him).
Art. 3
The Tenant agrees:
- To drive the vehicle and keep it, together with the equipment provided, with the utmost diligence and in compliance with all the laws;
- To make sure that greasing, lubrication and brake oil are in the necessary state to guarantee the operation and safety of the vehicle during the time of rental;
- To provide directly for the payment of any contraventions challenged in the rental period by reimbursing Motostory S.r.l the relative amount and the consequent expenses;
- To relieve Motostory S.r.l of any claim and / or request made by third parties for damages suffered by them and / or suffered by assets owned by them, however attributable to the present rental;
- To reimburse Motostory S.r.l, upon presentation of an invoice, for all expenses, including legal expenses, which Motostory S.r.l would incur in order to obtain the fulfillment of the pecuniary obligations due for any reason, for example the costs for unpaid motorway tolls;
- It is understood that if, at the Conductor's request, the return of the vehicle and its keys has been authorized by Motostory S.r.l during the closing time of the store, the rental will end on the date and time of reopening of the store;
- To return the vehicle in order and under the same conditions found at the time of rental. Any damage to the motorcycle will be detected upon return and the relative cost of restoration due by the driver will be counted. The Driver acknowledges that he does not have any real right to the rented vehicle and the accessories supplied and, therefore, that he cannot dispose of them in any way.
Art. 4
The Driver agrees to drive or use the vehicle personally and not to assign, for free or for valuable consideration, the use to third parties, and in particular undertakes to use the vehicle exclusively, being the only one authorized to use it and circulate only in the Italian territory.
Art. 5
The Tenant is obliged to compensate Motostory S.r.l for any damage caused to the vehicle or to parts and accessories of the same, as well as to refund the administrative costs of the accident.
Art. 6
If an accident occurs, the Tenant agrees to:
- Inform Motostory S.r.l immediately by telephone, sending a complete detailed report on the form included with the vehicle documents (CID form) in the following 24 hours;
- Inform the nearest police authority;
- Do not release statements of responsibility in the event of uncertainty regarding the dynamics of the claim;
- Take note of the names and addresses of the parties and witnesses;
- Provide Motostory S.r.l with any other useful information;
- Follow the instructions that Motostory S.r.l will provide in relation to the custody or repair of the vehicle.
Art. 7
The Driver agrees to compensate Motostory S.r.l for any damage resulting from the theft of the vehicle or parts of it. Motostory S.r.l motorcycle and scooter rental Via S. Giuseppe, 12-20 80065 - Sant'Agnello (NA) Italy — tel. +39 081 196 66 144
www.motostoryrent.com
Art. 8
In case of loss or theft of the only key of the rented vehicle the Driver is obliged to immediately report the fact to the competent Authority and to deliver the original of the complaint to Motostory S.r.l.The rental fee (calculated on the basis of the rate established in the rental letters) is also due for the days of non-use of the stationary vehicle. For the replacement of the second key, the Tenant is required to pay the cost incurred by Motostory S.r.l.
If the Tenant does not deliver the original of the report to Motostory S.r.l, the latter, after the date of return of the vehicle indicated on the rental letter, may regain the physical possession of the vehicle in any way, even against the will of the Driver, and this the latter will be required to reimburse the costs incurred as well as the payment of the rental fee (calculated up to the vehicle's recovery date) and the cost of replacing the second key.
Art. 9
The Tenant agrees to return the vehicle to the place and by the date indicated on the rental agreement or in any case as soon as Motostory S.r.l requests it, with the same accessories and in the same conditions in which it was received, subject to normal wear and tear. If the vehicle is not returned to Motostory S.r.l by this date, the Driver will have to reimburse Motostory S.r.l for all expenses that the latter will incur to regain possession of the vehicle, in addition to compensation for any damage suffered.
Art. 10
The Motostory S.r.l cannot be held responsible towards the Driver, or the driver of the motorcycle and / or of his transported, for the damages of any nature, the same have to suffer for defect of operation of the vehicle or road accidents. And so the Motostory S.r.l cannot be held responsible for any type of damage that occurs as a result of theft, riots, war, force majeure and unforeseeable circumstances. Objects that may be forgotten by the Driver on the motorcycle being rented will be considered abandoned and Motostory S.r.l is not obliged to keep them and return them.
Art. 11
This rental agreement is governed by Italian law. All disputes that may arise in relation to the validity, interpretation, execution or termination of this Agreement will be referred to the exclusive jurisdiction of the Court of Torre Annunziata (Naples)
Art. 12
In the event of late payment of the sums due, the interest rate determined by the European Bank plus three percentage points will be applied, for which an invoice will be issued.
Art. 13
The invalidity of any provision of this contract will not result in the invalidity of the rental agreement in its entirety.
Art. 14
Attestation of consent on the processing of personal data * * The Tenant, having received the information on the use of his personal data pursuant to Legislative Decree number 196 of 2003, gives his consent for Motostory S.r.l to:
- The communication of personal data common to the subjects and for the cd purposes. necessary indicated in the aforementioned statement;
- The processing of common personal data and communications to the subjects and for the so-called purposes. optional (sub b) indicated in the aforesaid informative note (credit risk protection);
- The processing of common personal data and communications to the subjects and for the so-called purposes. optional (sub. c) indicated in the aforesaid informative note (commercial initiatives);
- The processing of common personal data and communications to the subjects and for the so-called purposes. necessary indicated in the aforementioned statement.
Art. 15
Prices and rental methods:
- Prices inclusive of I.V.A. and R.C. insurance
- Vehicles are delivered with a padlock;
- The vehicle must be returned with the same fuel level.
Art. 16
Rental payment: cash payments are accepted - credit cards - bank check (subject to seat approval) and bank transfer in advance.