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RENTAL CONDITIONS “SEA BOUNTY TOURIST SERVICES”
The vehicles are hired and services are offered only to people over the age of 18 years. Documents required to rent and supply: driving license, a valid identity document. Sea Bounty Tourist Services (hereinafter referred as “Lessor”, “Renter” or “Supplier”) delivered to the “Client” (hereinafter also referred as “Customer” or a representative) the vehicle identified on the front of this Agreement, in good conditions of maintenance and in the same conditions must be returned from the Client to the Lessor at the end of the rental period.These general conditions shall be specifically applied also in case of bike and motor-assisted bicycle rental, unless otherwise noted. Therefore the term “vehicle” means all categories of motorbikes, scooters, bikes and motor-assisted bicycles that Sea Bounty Tourist Services makes his customers available.The Client through the contract signing and the specific approval of these general conditions, is taking the consignment of the vehicle and is declaring the vehicle in good conditions and suitable for the agreed use.The Client agrees not to provide false informations, regarding his general age, address and regarding the existence of the legal requirement to drive, explicitly exempting and releasing the Lessor from any damaging consequences that may arise in case of false statements.Person who signs the lease in the name or on behalf of a third party is jointly liable with the execution of the conditions of this rental agreement. The customer accounts, in any case, for the actions and omissions of anyone who drives the vehicle.
2. CLIENT DUTIES
The Client is obliged, in case of motorcycle: to drive the vehicle with the approved helmet, to transport the passenger only with approved helmet, to guard the vehicle, together with the facilities provided, with the utmost care and in compliance with all requirements of law; to ensure that greasing, lubrication and brakes fluid are in the required state to ensure the operation and safety of the vehicle during the rental period; to drive the vehicle with care and caution, to avoid high speed and over-effort and to avoid the use in races and competitions . Any damages suffered by motor vehicle and failure due to negligence, willful neglect (falls, accidents, dents) will be entirely charged to the Client. In case of damage exceeds the value of the vehicle, will the conductor will pay the market price of the vehicle; to provide the direct payment of any fines, tolls, parking during the rental period. The Client moreover, is obliged: to release the Lessor from any claims and/or request made by third parties for damages related to this rental; to refund the Lessor, upon presentation of invoice, for any expenses, including legal fees, which are incurred by the Lessor for the fulfillment of financial obligations due to any reason;be advised that where, at the request of the conductor, the return of the vehicle and its keys has been authorized by the Lessor during the closing time of the office, the rental period will end on the date and time of opening time of the office; to return the vehicle in order and under the same conditions found at the time of rental. Any damage of the motorcycle will be encountered when surrendering and counted its cost recovery due by the Client;the Client acknowledges that it did not receive any real right on the rented vehicle and accessories supplied.
The Client agrees to conduct the vehicle personally and not to give it up, free of charge or upon payment to third parties and in particular agrees to that the vehicle will not be used: in a state which is not valid the green card insurance; for the transport of persons or things upon payment; to push or tow objects; under the influence of drugs, narcotics, alcohol or other intoxicant or substance which may limit the ability to understand and react; in racing, in track races and speed trials or competitions; for a purpose contrary to law; to enter into restricted areas and in the areas of access or service to the airport or port areas with limited traffic; by a person who has provided false information to the Lessor about his own age, name or address;by a person who has not attained the age of majority.
4. LESSOR LIMITATION OF RESPONSABILITY
The Lessor shall not be liable to the Client, or the driver of the vehicle and/or its transported for any damages, the same have to suffer for lack of operation of the vehicle or road accidents. The Lessor also can not be held responsible for any damage incurred as a result of theft, riots, war, force majeure and fortuitous events.The objects eventually forgotten by the Client on the rental motorcycle, will be considered abandoned and the Lessor is not required to keep them and return them back. In case of temporary impediments to the use of the rented vehicle, addicted to reasons not attributable directly to the contractors, the lessor is always required to pay the rental fee agreed for all the duration of the impediment.
5. BOOKING, WITHDRAWAL AND CANCELLATION POLICY
The booking of vehicles can be made on-site at the headquarters through e-mail, by fax, by phone or online through the webpage: www.seabounty.it.Upon booking the vehicle, the customer must provide a copy of driver’s license and of an identity document, as well as simultaneously and within the same day paying the 30% of the total amount of rental for the vehicle and the period required to confirm the booking. The non-payment or the impossibility to prove the payment of that amount will not entail any obligation for the Lessor and for the Client or those in his stead, except for the effect of the withdrawal period as described below.The customer or a representative has the right to cancel the contract within 14 (fourteen) days from booking, without stating any reasons. The withdrawal period will expire after 14 days from the day 1. To exercise the right of withdrawal, the customer or a representative is obliged to inform us of its decision to terminate this contract by expressed and explicit declaration(eg registered mail, fax or email). For this purpose he may use the withdrawal form model, but it is not compulsory. To comply with the withdrawal period it is sufficient that the Customer or a representative sends the communication concerning the right of withdrawal before the end of the same day.In case of withdrawal the client will be refunded of all payments made in our favor, including the cost of delivery (except for the additional costs resulting 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 when we are informed about his decision to withdraw from this contract. Withdraw after the deadline of the fourteenth day and before the delivery has no effect and will affect as cancellation. The taking over of the vehicle by the Client shall constitute a waiver of the right to withdrawal. In accordance to art. 59 of the Italian 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 performance of the service (coinciding with the delivery of the vehicle or with the beginning of the service delivery) if the performance has begun with the express consent of the customer, and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the supplier. If it is an online booking is required to pay the total amount of the rental rate.The Customer agrees not to provide false documents and / or untrue information taking all liability arising from a breach of this clause upon himself. In the event of cancellation by the Clients the Lessor will retain the sum paid. In the event of booking cancellation by the Client after the expiry of the right of withdrawal, the service provider will withhold the amount paid as a penalty pursuant to art. 1382 (Italian Consumer Code) aves the refundability of further damage.
6. DELIVERY AND RETURN
The vehicles are delivered at the rental stations listed on the internet site www.seabounty.it or in other places agreed with the Lessor, where they must also be returned in the date and time agreed upon.The vehicles are delivered in good overall conditions.The Customer must check the conditions of the rented vehicle and he must point out this writing any comments on the state of the body or mechanical.
It is expressly forbidden to return the vehicle during the closing time of the Lessor, in any case the vehicle must be delivered into the hands of a charge unless by prior arrangement with the Lessor.
In case of late drop off more than 30 minutes on time agreed, 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 agrees to pay a penalty (see paragraph 15). In case of anticipate drop off there are no way for refund.
The Customer agrees to notify the Lessor, upon return of the vehicle, any fines taken during the rental period.
7. DEPOSIT GUARANTEE
At the time of rental, will be required in each case to the holder of the rental agreement a damage security deposit, usually established in € 100, € 200, € 300, € 500, €600, €1.000 or € 1.500 depending on the type of vehicle, by way of warranty. The deposit will be collected but can not be used to pay the costs in case of loss of keys or documents of the vehicle. The deposit may be used to cover damage to third parties which involves the payment of the insurance deductible.The Client agrees to refund the Lessor for any damage caused from the theft of the vehicle or parts thereof, which are not covered by the insurance policy of the vehicle itself, and to pay in full the value of the excess shown in the policy.With this Agreement shall be transferred to the conductor only possession of the vehicle, remaining the same in full possession of the Lessor. The Lessor reserves the right to terminate the contract, in the event of violations of the articles of this agreement at its incontestable discretion and ask the conductor the return of the vehicle in question, returning if so, only the difference of the rental price relative the period of non-use, or retain this amount if there is damage to the vehicle itself worth more than the deposit paid.
8. INSURANCE COVER
Insurance. All vehicles are covered by liability insurance (RCA), which covers damages caused to third parties, except for the driver. The validity of the insurance coverage provided by Sea Bounty Tourist Services is subject to compliance by the Customer to all the requirements laid down. The Customer is not guaranteed by insurance coverage: for damage to the rental vehicle when these are caused in accidents in which the customer is responsible for the same; damage to the rental vehicle when the customer is not able to provide data and information necessary for reconstruction of the event or the identification of the vehicle investor; for damages that hit the driver, the passenger and their objects and luggage; when the use of the vehicle is for illegal purposes, or for racing or speed contests of all kinds, for trailer and freight; when the hired vehicle is driven by a person under the influence of alcohol or drugs; for damages resulting from accidents not reported in the prescribed time; for damages caused intentionally or by noncompliance failure to have taken place under the rules of the road, or caused by negligence on the part of the Client; for any risks in the countries not mentioned on the “green card”; for damages for transport by tow truck and/or repatriation of the same; for damages for civil liability and property damage to third parties and things beyond the limits of the policy; for damage caused by vandalism, weather, events, explosions, fires, earthquakes| Fire and Theft. In all cases of theft and fire, the customer is obliged to report it a regular report to the competent authorities (police) presenting original copy of the report to Sea Bounty Tourist Services within 24 hours. Customer is responsible in case of fire or theft of the vehicle. This responsibility is conventionally limited, except in cases of willful misconduct or gross negligence of the Customer, to a maximum amount that varies according to the vehicle and is referred to as “excess” in the rental contract. The damage is entirely responsibility of the customer in the event of willful misconduct or gross negligence of the Customer, in the event that the Customer does not return the keys to the Lessor, in cases where insurance does not fully compensate the damage. Sea Bounty Tourist Services may, at its sole discretion not to grant a replacement vehicle in case of theft, fire or serious accident to the rental vehicle, regardless of the reasons that led to the event. The rental amount is due until the date of delivery of the copy of the complaint, in addition to the amount of the deductible.
If an accident should occur, the Customer agrees to: inform the Lessor immediately by telephone, by sending in the next 12 hours the CID filled in in detail in its entirety, or if no detailed complaint of the facts; inform the nearest police authorities; not issue declarations 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 vehicles involved (company, policy number, agent);provide the Lessor any other useful information; follow the instructions that will provide the Lessor with regard to custody and/or repair of the vehicle. The Client agrees to refund the Lessor for any damage caused to the vehicle or parts and accessories thereof, and to pay the costs of administrative management of the accident. The Client agrees to notify within 12 hours of its nature, every accident (even minor) occurred during the rental period of the vehicle.
In the event of technical failure to the rented vehicle not attributable to the Customer, and that precludes the possibility of using the vehicle, the Lessor, if possible, shall replace the vehicle with a similar one. In case of impossibility he will reimburse the conductor of any unexpired part of the rental period already paid (conventionally Compensation for additional damage).The Lessor agrees to refund the Customer the amount spent to failures of the vehicle, provided that resulting from invoice regularly addressed to the Lessor and have been authorized by the Lessor. Will not be refunded repair bills not authorized by Sea Bounty Tourist Services. Each tire puncture must be repaired to the Client, and is required to report to Sea Bounty Tourist Services for obvious reasons of safety of the vehicle. The abandonment of the vehicle without the permission of the conductor entails the obligation to pay all direct and indirect expenses necessary for the recovery of the vehicle and a fine of € 500.
11. SEIZED VEHICLE
In case of seizure / confiscation of the vehicle by the judicial authorities for reasons attributable to the supplier, Sea Bounty Tourist Services will charge the Client the same daily cost of rental calculated on this contract, until the release from seizure of the vehicle, with a maximum equal to the value replacement of the medium on the date of expiry of the agreed rental period. In case of reaching the coverage cap Sea Bounty Tourist Services , after having received full payment than expected, proceed to the transfer of ownership of the vehicle seized / confiscated in favor of the Client.
12. RENTAL METHOD
The rental of a motorcycle 50 cc, 125 cc, 300 cc has minimum duration of 1 day (24 hours). The rental of the motorcycle 700 cc 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 the customer will be charged a penalty (see paragraph15). Bike rental or assisted bicycles has a minimum duration of 1 day. Prices are inclusive of VAT and insurance.
13. EXTRA FEE
You can request and rent, subject to availability, and upon payment of an extra-fee the following services:
Delay in delivery points within 1 hour after the time agreed € 30,00
Drop-off vehicles on public holidays including Sundays or outside of the opening hours € 20,00
Supplement washing, out of the norm € 20,00.
Restoring fuel level € 20,00 + fuel cost.
Fines notify € 30,00 each.
14. HOME DELIVERY
The cost of delivery and/or collection service is intended only for the trip of delivery or redelivery: € 1 per kilometer, considering the trip there and back. The distance is calculated from the headquarters of Sea Bounty Tourist Services.
In high season the cost can 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 number plate € 350,00
Abandoned vehicle€ 2.000,00
The rental conditions of this Agreement is governed by Italian law. ARBITRATION CLAUSE In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by a shared agreement, also online, through the civil and commercial mediation (Italian Law: D.Lgs 4/03/2010 n°28) in a Mediation Agency (D.M.180/2010). It reserves the right to appeal to the competent judicial authority in the case of mediation report stating the failure to reach a conciliation agreement. For any controversy arising from terms regulated by the “Rental Agreement” it is sole jurisdiction the court of the consumer, while in case the services are offered to customers for professional reasons is the sole competent court of the place in which the Lessor. PERSONAL DATA PROTECTION POLICY Under the current regulations for the protection of personal data (Italian Law Legislative Decree n. 196/03) the parties mutually agree that this agreement represents mutual information for the processing of data in it and for those data that might be provided in the future as part of this report, as well as all other information such as addresses and details of bank accounts that may be communicated.These data will be processed in accordance with contractual requirements and to fulfill legal and contractual obligations deriving from them, as well as for a more effective management of the business relationship.Without prejudice to the communications sent for legal and contractual obligations, the data may be communicated to banking institutions and/or other persons responsible for the audit of the financial statements, to persons appointed for the quality certification, to legal offices, as well as to third parties for the supply of computer services or storage. Signing this agreement the parties give mutual consent to the processing and communication of data in respect of the above disclosure and are also informed of their rights as indicated in article 7 of Legislative Decree no. 196/03, Italian Law.
In the contrast between the Italian version and the English one will prevail the Italian, whose English is a mere translation.