TERMS & CONDITIONS

TERMS & CONDITIONS

TERMS & CONDITIONS OF RENTAL
Tuscany Motorcycle Rentals SRL with headquarters in Firenze (FI) Via del Ronco Corto,90 Cap 50143 – Italia. P.IVA e C.F.: 07162970482; Florence Companies Registration – REA FI – 684108 , Tel +39 329 577 98 55 (called from now on “Lessor”) rents to the “Renter” the vehicle described on the heading of the contract for the agreed period of rental. The Renter certifies that the vehicle is delivered to him in excellent conditions, in good maintenance conditions and with a full tank.

1-) Renter Requirements

Minimum age is 21 years old. Documents required for rental: Valid international driving license, Id identity card or passport. The Lessor delivers to the Renter the vehicle (identified on the heading of this agreement) in good conditions and perfectly working and the Renter must return it in the same good conditions at the end of the rental period. The Renter, by signing the rental agreement and the specific approval of general conditions, declares to have verified that the motorcycle is in good condition and appropriate for the use agreed. The Renter agrees to not provide false information about his or her personal details (age, address and valid driving license) exempting the Lessor from every consequence in case of false statement. Who signs a rental agreement in name or on behalf of a third person, he or she will answer with the same one to the obligations of this agreement. The Renter is in charge of the actions and omissions of anyone who rides the vehicle. In the event of invalidity/suitability of the documents provided by the Renter (example: the license does not allow driving motorcycles or is not suitable for driving in another country) the Lessor may cancel the booking, reserving the right to apply a penalty to the Renter up to 100% of the entire rental cost.

2-) Renter Commitments

The Renter commits himself to: have the homologated helmet well locked, carry the passenger with the homologated helmet well locked, guard the motorcycle with maximum diligence and respecting all the rules of law. To ensure that the greasing, lubrication and oil of the brakes are in the state necessary to guarantee the operation and safety of the vehicle during the rental period; to use the motorcycle with care and prudence, not to subject it to high speeds and strains. Use the Motorcycle with attention and caution, do not use the motorcycle for challenges, races or on race tracks.Every damage on the motorcycle produced from negligence, willful misconduct and carelessness will be at the expense of the Renter. To provide directly for the payment of any fines, tolls, parking tickets and any other costs during the rental period. The payment of any expense (after the presentation of an
invoice) included legal cost paid from the Lessor because of a misbehave of the Renter during the rental period. To return the vehicle in order and in the same conditions found at the beginning of rental. Any damage found when the vehicle is returned will be attributed and charged to the Renter. The Renter agrees to ride or use the vehicle personally. Nobody can ride the rented vehicle except the Renter or the rider expressly authorized in the documents.

It is expressly forbidden to:
A) Drive in a country where the International Green Card Insurance System is not valid.
B) Transport people and/or goods for commercial purposes
C) For pushing or pulling objects
D) Ride under the influence of drugs, narcotics, alcohol or intoxicants or other substances suitable for
impairing the ability to understand and react.
E) In racing, on the track, off road and competitions or speed and / or skill tests, in these cases the insurance is invalid
F) For a purpose contrary to the law or riding in forbidden areas (airport, seaport, restricted areas)
G) Provide false personal information
3-) Lessor liability limitation

The Lessor cannot be held liable towards the Renter, or the rider of the motorcycle and / or its transported persons, for damages of any nature, including economic damage, damage from a ruined holiday, emerging damage or loss of profit, and any other economic damage and not, in any way attributable, even indirectly, to this contract or that they have to suffer due to vehicle malfunctions or road accidents.

Likewise, the Lessor cannot be held responsible for any type of damage occurring as a result of thefts, riots, wars, acts of God and unforeseeable circumstances. Riding a motorcycle can be dangerous, the Lessor cannot be held liable for any harm or injuries occurred during the use of rental.

4-) Booking and payments

The vehicle can be booked on-line, by e-mail or by telephone. When booking the vehicle, the Renter must provide a copy of the driving license and identity document. The booking will be considered as confirmed once the 30% deposit, based on the vehicle rates, extras and period of rental, has been paid. The 70% balance must be paid at the beginning of the rental. The Renter undertakes not to provide false documents and / or false or incomplete information, assuming all responsibility deriving from the violation of this clause.
In the event that the Lessor is unable to deliver the reserved motorcycle (e.g. the customer prior to the rental had an accident with the reserved motorcycle), the Lessor will provide an alternative motorcycle of a segment equal to or higher than the reserved one. In the event that the Renter wishes to replace the vehicle with another one of a lower value than the one booked, he will be required to pay the value of the bike booked. In case of booking of extra accessories (helmets, gloves, jackets), please specify the needed sizes otherwise we cannot guarantee the right sizes to be delivered to the Renter.

5-) Cancellation

If the Renter cancels the booking, the following penalties will be applied. Bad weather conditions (rain, cold, etc.) are not a valid reason to cancel the reservation. Only dangerous conditions (tornado, earthquake, etc.) will be considered as valid. More than 30 days before the beginning of the rental period: the deposit can be used as deposit for
another rental up to the end of the following season 30 to 15 days before the beginning of the rental period: we will keep the deposit paid 15 to 0 days before the beginning of the rental period: the total rental price will be required

6-) Pick up and drop off

The vehicles are delivered and returned in Florence Via del Ronco Corto 90. Any delivery or return on a different location will have an extra cost that will be calculated by our team (typically from 50 to 1.000 euros in Italian territory). The Renter is obliged to check the conditions of the rented vehicle and must submit, in writing, any comments on the state of the bodywork or mechanic. It is expressly forbidden to return the vehicle during the Lessor’s closing time and, in any case, the vehicle must be delivered into the hands of a person in charge, unless previously agreed with the Lessor. In the event of a delay in delivery of more than 30 minutes with respect to the agreed time, the Renter will be required to pay a penalty (see Article 13). The vehicle must be returned with all the accessories, keys and documents provided upon delivery by the Lessor. Otherwise, the Renter undertakes to pay a penalty (see article 13). In the event of an early termination of the rental period due to the choice of the Renter, or in any case not due to necessity, fault or request of the Lessor or for technical failures to the vehicle not attributable to the Lessor, it will not be possible for the same to obtain reimbursement of the part of the rent relating to the residual period of non-use of the vehicle. The Renter undertakes to communicate to the Lessor, upon return of the vehicle, any fines taken during the rental period.

7-) Security Deposit

Every motorcycle has a security deposit as stated on the website (https://tuscanymotorcyclerentals.com/). The security deposit will be taken from a physical credit card signed by the Renter (the funds will not be charged, just held with pre-authorization method). We only accept Visa or Mastercard credit cards (not debit), other cards (AMEX, Diners Club, etc.) will be refused. The Renter has to be sure to have enough funds to cover the security deposit and all other costs in case of damage or theft. The deposit is normally the maximum liability for theft or damage to the motorcycle. The deposit can also be used to pay the cost of keys and documents loss. The deposit can also be used to pay to a third party when the Lessor has to pay the excess of the insurance. The Renter agrees to accept the debit to his credit card account of any charges incurred. In the event of damage (accident) to which administrative expenses incurred by the Lessor are added (vehicle recovery, vehicle storage and related rental costs during storage, vehicle seizure and related rental costs during seizure), the Renter undertakes to pay to the Lessor the value of the damage to the vehicle plus administrative costs; or to pay the full value of the aforementioned administrative expenses even where the damage to the vehicle should be of a value equal to or greater than the deposit withheld; the rental costs during the deposit / seizure will be calculated according to the current price list. In the event of damage (accident) where extra accessories of the Lessor are involved that are not part of the basic equipment of the vehicle (GPS navigator, side cases, top cases, intercoms, helmets, jackets, gloves, video cameras, etc.) the Renter undertakes to pay the Lessor the value of the damage to the vehicle plus the costs for damage to the aforementioned accessories; or to pay in full the value of the damage to the accessories even where the damage to the vehicle without
accessories should be of a value equal to or greater than the deposit paid. In the event of theft where extra accessories of the lessor are involved that are not part of the basic
equipment of the vehicle (GPS navigator, intercoms, side cases, top cases, helmets, jackets, gloves, video cameras, etc.) the Renter undertakes to pay the lessor the full value of the deductible plus the value of the aforementioned accessories.

8 -) Insurance

The rented motorcycles are insured for third party liability as requested by the Italian law ( for damages caused to third parties excluding the driver – the deductible depends on the vehicle). The Renter has no insurance cover in case of:

A) Damages to the vehicle in the event of accidents caused by the Renter / rider.
B) Damages to the vehicle when the Renter cannot provide data and information of the event and identify the other party involved.
C) Damages to the Renter, rider, passengers and/or their goods.
D) Damages deriving from competitions, rally, off road, trial events, races of trial of speed whether between motor vehicles or otherwise.
E) Damages when the Renter / rider is under the influence of alcohol, hallucinogenic drugs, narcotics, sedatives or any other substance that may impair response time.
F) Damages deriving from accidents not related within the prescribed time (24 hours)
G) Damages caused by drivers’ lack of skill and experience and/or breaking of rules and laws.
H) Damages occurred in countries where the green card is not valid.
I) Damages deriving from the transport with tow trucks and/or the repatriation of the vehicle.
J) Damages caused by civil liability and/ or to third part and goods beyond the maximum coverage.
K) Damages deriving from vandalism, weather events, explosions, wars, earthquakes, fires, public events.
L) Any damages deriving from Renter’s negligence

9-) Theft or fire

In case of theft or fire or attempted theft: the Renter is obliged to file a regular report to the competent authorities (Police or Carabinieri) and provide the original copy to the Lessor within 24 hours. The Renter is responsible in the event of theft or fire of the vehicle. This liability is conventionally limited, except in the case of willful misconduct or gross negligence by the Renter, to a maximum amount which varies according to the rented vehicle and is indicated as a “deductible” in the rental agreement. The damage suffered is the sole responsibility of the Renter in the event of willful misconduct or negligence by the same, in the event that the Rentert does not return the keys to the Lessor, and in cases where the insurance does not fully compensate the damage. In these cases the Lessor will charge to the Renter the whole cost of the market value of the vehicle.

10-) Accidents

In case of accident, the Renter is obliged to:

A) Immediately inform the Lessor by telephone, sending him the CID (traffic accident standard form) completed in detail in all its parts within the next 12 hours, or failing that, a detailed report of the facts;
B) Inform the nearest police authority;
C) Not to issue statements of responsibility;
D) 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);
E) Provide the Lessor with any other useful information;
F) Follow the instructions that the Lessor will provide regarding the custody and / or repair of the vehicle.
The Renter undertakes to compensate the Lessor for any damage caused to the vehicle or to parts and accessories thereof, as well as to reimburse all the 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 the seizure). The Renter undertakes to communicate within 12 hours of the incident any harmful event (even of a minor entity) that occurs during the rental period of the motorcycle. In the event of an accident caused by the Renter, the Lessor will present an estimate of the damage due to the replacement of the damaged parts with new parts, this list will be provided via e-mail also with related photos of the damage. In the event that the Renter also wants the damage report from the parent company, an additional cost of 500 euros will be applied. The Lessor reserves the right to charge the Renter for all amounts relating to damage caused to the vehicle received or detected after its return, authorizing the debit of these amounts on the card left as a security deposit.

11-) Mechanical Issues

In case of mechanical issues not imputable to the Renter, and that precludes the possibility of use of the vehicle, the Lessor will possibly replace the vehicle with a similar (in the national territory, excluding islands). The Lessor agrees to refund to the Renter the amount spent for repairs due to failure of the vehicle just in case they have been authorized by the Lessor and in presence of a regular invoice addressed to the Lessor. Repairs with bills and invoices not approved by the Lessor will not be refunded. Each tire puncture must be repaired by the Renter, who undertakes to report the puncture to the Lessor for safety reasons. Any burnt out light bulbs must be repaired by the Renter. Abandoning the vehicle without authorization entails the Renter’s obligation to reimburse all direct and indirect costs necessary for the recovery of the vehicle and a penalty of up to € 2.500,00

12-) Fuel

Fuel costs are the Renter’s responsibility. The Renter will receive the vehicle with a full tank and is responsible to return the motorcycle with the same quantity of fuel. If the Renter doesn’t return the motorcycle with the same quantity, he/she will pay the cost for refueling (see Article 13).

13-) Penalties and extra costs

– Drop-off after closing time (30 minutes tolerance) a supplement of € 50,00. Over 30 minutes an extra rental day will be charged.
– In the event of a delay in delivery established by contract within 30 minutes of the agreed time, a supplement of € 30,00 will be charged. Over 30 minutes an extra rental day will be charged.
– Collection and return of vehicles on holidays (including Saturdays and Sundays) subject to the authorization of the Lessor € 30,00
– Loss and / or damage and / or theft: documents € 250,00; keys from € 500,00; license plate € 700,00
– Abandoned vehicle € 2,500,00
– Refueling: € 20,00 plus the cost of fuel
– Vehicle returned dirty, to be washed: € 20,00
– Administrative cost for managing unpaid fine or toll: € 20,00
– Repatriation of the vehicle (if attributable to the driver): the actual cost of repatriation will be paid by the Renter

14) Disputes

The rental relationship referred to in this Agreement is governed by Italian law. For any dispute arising from the relationships governed by the “Contractual Documentation”, the Court of the Lessor’s registered office or residence (Florence competent court) has exclusive jurisdiction.

15) Translation

In the contrast between different translations of the contract, the Italian version will prevail. The Italian version of the rental agreement can be found on: https://tuscanymotorcyclerentals.com/it/