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CONDITIONS OF RENT “SEA BOUNTY TOURIST SERVICES”
Vehicles are hired and services are only offered to people over the age of 18. Documents required for rental and supply: driving license, valid identity document. Sea Bounty Tourist Services (hereinafter referred to as “Lessor”, “Lessee” or “Supplier”) has delivered to the “Customer” (hereinafter also referred to as “Customer” or representative) the vehicle identified on the front of this Agreement, in good condition maintenance and in the same conditions must be returned by the Customer to the Lessor at the end of the rental period. These general conditions apply specifically also in the case of rental of bicycles and motor bicycles, unless otherwise indicated. Therefore, the term “vehicle” means all categories of motorcycles, scooters, bicycles and pedal assisted bicycles that Sea Bounty Tourist Services makes available to its customers. By signing the contract and specifically approving these general conditions, the Customer takes delivery of the vehicle and declares the vehicle in good condition and suitable for the agreed use. The Customer undertakes not to provide false information about his general age, address and about the existence of the legal obligation to drive, exempting and expressly exempting the Lessor from any prejudicial consequences that may arise in the event of false declarations. Whoever signs the lease agreement in the name or on behalf of third parties is jointly responsible for the execution of the conditions of this lease agreement. In any case, the customer is accountable for the actions and omissions of the driver of the vehicle.
- OBLIGATIONS OF THE CUSTOMER
The Customer is obliged, in the case of a motor vehicle: to drive the vehicle with an approved helmet, to transport the passenger only with an approved helmet, to guard the vehicle, together with the facilities provided, with the utmost care and in compliance with all the law; ensure that greasing, lubrication and brake fluid are in the required state to ensure the operation and safety of the vehicle during the rental period; drive the vehicle with care and caution, avoid high speeds and overexertion and avoid using it in races and competitions. Any damage to the vehicle and breakdowns due to negligence, willful misconduct (falls, accidents, dents) will be entirely borne by the customer. In the event of damage exceeding the value of the vehicle, the tenant will pay the market price of the vehicle; provide for the direct payment of any fines, tolls, parking spaces during the rental period. Furthermore, the Customer is obliged: to indemnify the Lessor from any claim and / or request made by third parties for damages connected to this rental; reimburse the Lessor, upon presentation of an invoice, for any expenses, including legal expenses, incurred by the Lessor for the fulfillment of financial obligations due for any reason; we inform you that if, at the request of the tenant, the return of the vehicle and its keys has been authorized by the Lessor during the office closing time, the rental period will end on the date and time of the office opening; return the vehicle in the same order and condition as at the time of rental. Any damage to the motorcycle will be found at the time of delivery and the recovery costs owed by the Customer will be counted; the Customer acknowledges that he has not received any real rights on the rented vehicle and on the accessories supplied.
- CUSTOMER’S COMMITMENTS
The Customer undertakes to drive the vehicle personally and not to sell it, free of charge or upon payment to third parties, and in particular undertakes that the vehicle is not used: green card insurance is not valid; for the transport of people or things for a fee; pushing or pulling objects; under the influence of drugs, narcotics, alcohol or other intoxicants or substances that may limit the ability to understand and react; in racing, track races and speed trials or competitions; for a purpose contrary to the law; enter restricted areas and access or service areas at the airport or in port areas with limited traffic; by a person who has provided the Lessor with false information about his age, name or address; by a person who has not reached the age of majority.
- LIMITATION OF LESSOR’S LIABILITY
The Lessor will not be liable to the Customer, or to the driver of the vehicle and / or its transported person for any damage suffered by the same due to vehicle failure or road accidents. Furthermore, the Lessor cannot be held responsible for any damage suffered as a result of theft, riots, wars, force majeure and unforeseeable circumstances. Any items forgotten by the Customer on the rental motorbike will be considered abandoned and the Lessor is not required to keep and return them. In case of temporary impediments to the use of the rented vehicle, due to causes not directly attributable to the contracting companies, the lessor is always required to pay the agreed rent for the entire duration of the impediment.
- BOOKING, WITHDRAWAL AND CANCELLATION POLICY
Vehicle reservations can be made on site at the headquarters by e-mail, fax, telephone or online through the web page: www.seabounty.it. When booking the vehicle, the customer must provide a copy of the driving license and an identity document, as well as at the same time and within the same day upon payment of 30% of the total amount of the vehicle rental and the period necessary to confirm the reservation. Failure to pay or the impossibility of proving payment of this amount will not entail any obligation for the Lessor and the Customer or whoever takes their place, except for the effect of the withdrawal period as described below. The Customer or his representative has the right to withdraw from the contract within 14 (fourteen) days of booking, without indicating the reasons. The withdrawal period expires after 14 days from day 1. To exercise the right of withdrawal, the customer or a representative is obliged to inform us of his decision to withdraw from this contract by means of an express and explicit declaration (eg registered letter, fax or e-mail). To this end, you can use the model of the withdrawal form, but it is not mandatory. To respect the withdrawal period, it is sufficient for the Customer or his representative to send the communication relating to the right of withdrawal by the end of the same day. In the event of withdrawal, the customer will be reimbursed for all payments made to us, including the cost of delivery (except for the additional costs arising from his choice of a different type than the least expensive type of standard delivery offered by us) without delay and no later than the fourteenth day from the day we were informed of your decision to withdraw from this contract. The withdrawal after the deadline of the fourteenth day and before the delivery has no effect and will prevail as cancellation. Taking delivery of the vehicle by the Customer constitutes a waiver of the right of withdrawal. Pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded for distance contracts and for contracts negotiated away from business premises with respect to this contract after the full provision of the service (coinciding with the delivery of the vehicle or with the delivery service) if the service began with the express consent of the customer, and with the acceptance of the forfeiture of the right of withdrawal following the full execution of the contract by the supplier. In the case of an online booking, the full amount of the rental fee must be paid. The Customer undertakes not to provide false documents and / or untruthful information, assuming all responsibility for himself deriving from the violation of this clause. In case of cancellation by the Customers, the Lessor will keep the amount paid. In case of cancellation of the booking by the Customer after the expiry of the right of withdrawal, the service provider will retain the amount paid as a penalty pursuant to art. 1382 (Consumer Code) provides for the reimbursement of further damage.
- DELIVERY AND RETURNS
The vehicles are delivered at the rental stations shown on the website www.seabounty.it or in another place agreed with the Lessor, where they must also be returned on the agreed date and time. The vehicles are delivered in good general condition. The Customer is required to check the conditions of the rented vehicle and must report any comments on the state of the bodywork or mechanics with this writing.
It is expressly forbidden to return the vehicle during the Lessor’s closing time, in any case the vehicle must be delivered into the hands of a person in charge without prior agreement with the Lessor.
In case of delayed delivery of more than 30 minutes within the agreed time, the Customer will be required to pay a penalty (see paragraph 15).
The vehicle must be returned with all accessories, keys and documents. Otherwise, the customer undertakes to pay a penalty (see paragraph 15). In case of early return there are no refunds.
The Customer undertakes to notify the Lessor, at the time of return of the vehicle, of any fines assumed during the rental period.
- DEPOSIT GUARANTEE
At the time of the lease, a security deposit will be required from the holder of the lease contract, usually set at € 100, € 200, € 300, € 500, € 1,500 or € 3,500 depending on the type of vehicle, as a guarantee. The deposit will be collected but cannot be used to pay expenses in case of loss of keys or vehicle documents. The deposit can be used to cover damages to third parties which involve the payment of the insurance excess. The Customer undertakes to compensate the Lessor for any damage caused by the theft of the vehicle or parts of it, not covered by the vehicle insurance policy, and to pay the full value of the excess indicated in the policy. With this Agreement, only possession of the vehicle is transferred to the Driver, while the same remains in full possession of the Lessor. The Lessor reserves the right to terminate the contract, in case of violation of the articles of this contract at its sole discretion and to ask the tenant to return the vehicle in question, in this case returning only the difference in the rental price for the period. of non-use, or withhold this amount if there is damage to the vehicle itself of a value greater than the deposit paid.
- INSURANCE COVERAGE
Insurance. All vehicles are covered by third party liability insurance (RCA), which covers damage caused to third parties, with the exception of the driver. The validity of the insurance coverage provided by Sea Bounty Tourist Services is subject to the Client’s compliance with all the requirements. The Customer is not guaranteed by insurance coverage: for damage to the rented vehicle when these are caused by accidents in which the Customer is responsible for the same; damage to the rented vehicle when the customer is unable to provide the data and information necessary to reconstruct the event or to identify the investor of the vehicle; for damage to the driver, the passenger and their objects and luggage; when the use of the vehicle is for illegal purposes, or for speed races or races of any kind, for towing and goods; when the rented vehicle is driven by a person under the influence of alcohol or drugs; for damages deriving from accidents not reported within the foreseen time frame; for damage caused intentionally or for non-compliance with the highway code, or caused by negligence on the part of the Customer; for any risks in countries not indicated in the “green card”; for damage caused by transport with a tow truck and / or repatriation of the same; for damages for civil liability and things to third parties and things beyond the limits of the policy; for damage caused by vandalism, atmospheric events, explosions, fires, earthquakes | Fire and theft. In all cases of theft and fire, the customer is required to report it regularly to the competent authorities (police) by presenting the original copy of the report to Sea Bounty Tourist Services within 24 hours. The Customer is responsible in case of fire or theft of the vehicle. This liability is conventionally limited, except in cases of willful misconduct or gross negligence by the Customer, to a maximum amount which varies according to the vehicle and which is indicated in the rental contract as a “deductible”. The damage is entirely borne by the Customer in the event of willful misconduct or gross negligence by the Customer, in the event that the Customer does not return the keys to the Lessor, in cases where the insurance does not fully compensate the damage. Sea Bounty Tourist Services may, at its sole discretion, not grant a replacement vehicle in the event of theft, fire or serious accident to the rented vehicle, regardless of the reasons that led to the event. The fee is due up to the date of delivery of the copy of the complaint, in addition to the amount of the deductible.
In the event of an accident, the Customer undertakes to: inform the Lessor immediately by telephone, by sending the CID completed in detail in all its parts within the next 12 hours, or in the absence of a detailed report of the facts; inform the nearest police authorities; do not issue statements of responsibility; take note of all the names and addresses of the parties and of any witnesses including the identities of the Insurance Companies of the vehicles involved (company, policy number, agent); provide the Lessor with any other useful information; follow the instructions it will provide to the Lessor regarding the custody and / or repair of the vehicle. The Customer undertakes to compensate the Lessor for any damage caused to the vehicle or to parts and accessories thereof, and to pay the administrative management costs of the accident. The Customer undertakes to communicate within 12 hours by its nature, any incident (even slight) occurring during the rental period of the vehicle.
In case of technical failure of the rented vehicle not attributable to the Customer, and which precludes the possibility of using the vehicle, the Lessor, if possible, will replace the vehicle with a similar one. In case of impossibility, he will reimburse the Lessee for any unexpired part of the rental period already paid (conventionally Compensation for greater damage). The Lessor undertakes to reimburse the Customer the amount spent for vehicle breakdowns, provided that it results from an invoice duly addressed to the Lessor and have been authorized by the Lessor. Unauthorized repair bills from Sea Bounty Tourist Services will not be refunded. Any puncture of the tire must be repaired to the Customer, and is required to report it to Sea Bounty Tourist Services for obvious vehicle safety reasons. Abandoning the vehicle without the driver’s authorization entails the obligation to pay all direct and indirect costs necessary for the recovery of the vehicle and a fine of € 500.
- SEQUESTRATED VEHICLE
In case of seizure / seizure of the vehicle by the Judicial Authority for reasons attributable to the supplier, Sea Bounty Tourist Services will charge the Customer the same daily rental cost calculated on this contract, up to the release from the vehicle seizure, with a maximum at the replacement value of the vehicle on the expiry date of the agreed rental period. In case of reaching the Sea Bounty Tourist Services coverage cap, after having received the full payment of the foreseen, proceed to the transfer of ownership of the vehicle seized / seized in favor of the Customer.
- RENTAL METHOD
The rental of a 50cc, 125cc, 300cc motorcycle has a minimum duration of 1 day (24 hours). The rental of the 700 cc motorbike has a minimum of 3 days (72 hours). The motorcycle is delivered with a full tank and must be returned with the same amount, otherwise a penalty will be charged to the customer (see paragraph 15). The rental of bicycles or assisted bicycles has a minimum duration of 1 day. Prices include VAT and insurance.
- ADDITIONAL COST
It is possible to request and rent, subject to availability and against payment of a supplement, the following services:
Delay in delivery points within 1 hour of the agreed time € 30.00
Delivery of vehicles on holidays, including Sundays or out of hours € 20.00
Extra charge for washing, out of the norm € 20.00.
Refueling level € 20.00 + fuel cost.
Fines notified € 50.00 each.
- HOME DELIVERY
The cost of the delivery and / or collection service is intended only for the delivery or redelivery journey: € 1 per kilometer, considering the round trip. The distance is calculated from the Sea Bounty Tourist Services office.
In the high season the cost may vary.
Loss and / or damage and / or theft of documents € 250.00
Loss and / or damage and / or theft of keys from € 250.00
Loss and / or damage and / or theft of license plate € 350.00
Abandoned vehicle € 2,000.00
The rental conditions of this Agreement are governed by Italian law. ARBITRATION CLAUSE In the event of a dispute or claim deriving from or relating to this agreement, or violation of the same, the parties must first try to resolve the dispute by means of a shared agreement, also online, through civil and commercial mediation (Italian Law: Legislative Decree 4/03/2010 n ° 28) in a Mediation Agency (DM180 / 2010). It reserves the right to appeal to the competent judicial authority in the event of a mediation report stating that a conciliation agreement has not been reached. For any dispute deriving from the terms governed by the “Rental Agreement”, the consumer’s jurisdiction is exclusive, while in the event that the services are offered to customers for professional reasons it is the only competent court in the place where the Lessor. INFORMATION REGARDING THE PROTECTION OF PERSONAL DATA Pursuant to the current legislation on the protection of personal data (Legislative Decree No. 196/03), the parties mutually agree that this agreement constitutes mutual information for the processing of the data contained therein and for those data that could be provided in the future as part of this report, as well as any other information such as addresses and bank details that may be communicated. These data will be processed in compliance with contractual requirements and to fulfill the legal and contractual obligations deriving from them, as well as for a more effective management of the commercial relationship. Without prejudice to the communications sent for legal and contractual obligations, the data may be communicated to banks and / or other subjects in charge of auditing the financial statements, to subjects in charge of quality certification, to law firms, as well as to third parties for the supply of IT or archiving services. By signing this agreement, the parties give mutual consent to the processing and communication of data in relation to the aforementioned information and are also informed of their rights as indicated in Article 7 of Legislative Decree n. 196/03, Italian law.