MOTORCYCLE RENTAL AGREEMENT TERMS AND CONDITIONS (“Terms & Conditions”)
Portugal
HR RIDE PORTUGAL, SA, head office at Avenida Severiano Falcão, 7/7A, 2689-522 Prior Velho, rents the identified vehicle (motorcycle) through this rental agreement, under its specific terms and conditions and under the following terms and conditions.
This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.
The Renter acknowledges receiving the Motorcycle in good working and clean condition, including both tires, and agrees to return it to us in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.
You are prohibited from modifying any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or from making any aesthetic change to the Motorcycle. If you breach this provision, you will be responsible for all costs that we incur to restore the Motorcycle to its original status plus, to the extent permitted by law, consequential and incidental damages due to our inability to use the Motorcycle while it is being repaired.
To the extent permitted by law: (a) we may repossess the Motorcycle at your expense without notice to you if it is abandoned or used in violation of law or this Agreement; and (b) if the Motorcycle is not returned 48 hours after the date and hour return time as stipulated in the Rental Agreement, it will be considered embezzled or converted and may be reported to the police as stolen. Failure to return the Motorcycle may constitute a crime punishable to the fullest extent provided under applicable law.
The minimum Rental Period is one day.A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If you return the Motorcycle more than 29 minutes after the scheduled return time, we reserve the right to charge you for an additional rental day at the applicable daily rate as shown on the Price List.If you wish to extend the scheduled Rental Period, you must request our express written authorization and pay for the estimated additional charges before the scheduled return time.Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement. If you fail to return the Motorcycle when due and continue to use it without our express authorization, we may terminate this Agreement, and you will have sole responsibility for the payment of any fines or penalties assessed against you, the Motorcycle or us due to the lack of updated documentation.
The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when you sign this Agreement. The standard payment method is credit card. Payment by cash or debit card requires our prior authorization and may be subject to additional conditions. If we authorize payment in cash, we reserve the right to request one or more credit cards of the Renter as guarantee. You permit us to reserve against your payment card (or, if we choose, take a cash deposit) at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve or deposit to pay all Charges. We will authorize the release of an excess reserve (or return of a cash deposit) at completion of your rental if no additional Charges are payable. Your payment card issuer’s rules will apply to crediting your account for any excess, which may not be immediately released by your card issuer.
Prices are indicated in Euros in our Price List in force at the time of signing the Rental Agreement. The Price List is available for consultation at the rental desk. The rental price including all items as indicated in point D of the "Definitions" is paid at the time of signing the Rental Agreement or in any case before the end of the rental period at the request of our Company. The rental price includes:
There is no refund for late pick-up or early return. If you use a credit card or other payment card issued by a bank or financial institution any currency conversion will be handled by the issuing bank. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. You must notify us of any disputes to the Charges no later than 30 days after your receipt of the invoice.
You must report all accidents or incidents of theft or vandalism to us and the police as soon as you discover them.
You are responsible for all damage to or loss or theft of the Motorcycle during the Rental Period, resulting from any cause, including damage or loss caused by collision, weather, vandalism, theft, road conditions and acts of nature. Your responsibility will include: (a) all physical damage to the Motorcycle measured as follows: (i) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle, less salvage; (ii) if we determine that the Motorcycle is repairable: (A) the difference between the value of the Motorcycle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Motorcycle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: €0-€250 damage=€50 fee; €251-€500 damage=€75 fee; €501-€750 damage=€100 fee; €751-€1500 damage=€150 fee; €1501-€2500 damage =€200 fee; over €2500 damage=€250 fee;; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement. You are responsible for loss or damage to the Motorcycle resulting from theft or vandalism related to the theft; you file an official report of the theft with the police within 24 hours of learning of the theft and you cooperate with us and the police in providing information regarding the theft; You are responsible for replacing missing equipment and Motorcycle documents and keys. You must report all Motorcycle accidents or incidents of theft and vandalism to us and the police upon discovery.
a) In the event of any loss or damage to, theft or robbery of the Motorcycle or parts thereof while on rental, Renter shall pay Rental Company on demand the amount of all costs and losses including, without limitation, repair costs, depreciation, loss of renting revenues, towing and vehicle collection expenses, the amount established in our current tariff as the maximum non-waivable excess (ask for price list at the counter);
b) The Renter limits his or her responsibility under the terms set out below provided that he or she complies with the terms hereof and that the loss or damage has not been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthorised driver;
(i) Responsibility for any loss or damage caused to the Motorcycle (excluding theft and robbery) is limited to the total value of the maximum non-waivable excess established in Rental Company current price list. Should the Renter accept the Collision Damage Waiver (hereinafter CDW) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the stated in the agreement as the minimum non-waivable excess (ask for price list at the counter);
(ii) Responsibility for loss of, or damages to, the vehicle deriving from theft or robbery thereof is limited to the total value of the maximum non-waivable excess established in Rental Company current tariff. Should the Renter agree to subscribe the Theft Protection Waiver (hereinafter TP) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the amount established in Rental Company current price list as the minimum no-waivable excess (ask for price list at the counter);
By accepting CDW and TP, you will be responsible for any loss or damage caused to the motorcycle limited to the total value of non-waivable excess stablished in current price list. We also offer “Super CDW”- medium coverage and “Super CDW VIP”- top coverage to the Motorcycle. If you purchase Super CDW, you will reduce your financial responsibility for collision damage, up to a maximum amount of 50% of the minimum waivable excess. If you purchase Super CDW VIP, you will reduce your financial responsibility for collision damage, up to a maximum amount of 75% of the minimum waivable excess. Super CDW, and Super CDW VIP are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW, Super CDW, and Super CDW VIP do not apply to Optional Equipment we rent to you for use in the Motorcycle.CDW, Super CDW, Super CDW VIP also do not cover lost keys. Your CDW, Super CDW, or Super CDW VIP will be invalidated, and we will not waive our right to hold you financially responsible for loss or damage to the Motorcycle (i) that results from a Prohibited Use (defined in Paragraph 10 below) or (ii) if the loss or damage has been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthrorised driver.
In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Renter must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.
The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.
You are liable for paying charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Motorcycle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we may, in our sole discretion, transfer liability for any Toll or Violation assessed against the Motorcycle during the Rental Period to you personally. If liability is transferred to you, we will charge you an administrative fee of up to €50 per Toll or Violation. You authorize us to release your rental and billing information, including payment card information, to the charging authorities for processing/billing purposes.
We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Motorcycle. If you fail to claim property left in the Motorcycle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Motorcycle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Motorcycle may be equipped with an infotainment system that permits you to pair your own mobile devices. If you choose to do so, please note that the Motorcycle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the motorcycle’s system screen to delete this information and the device from the Motorcycle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Motorcycle
This Agreement is subject to Italian law. For any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the Court of Milan, with the express waiver of any other Court.
If the Charterer is a Consumer, for any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State.
The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize as per as point 17. PERSONAL INFORMATION and based on your personal consent that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Motorcycle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law: (a) you waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement; and (b) you release us from all liability in connection with this rental or the reservation of a motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Spain
HR Comercio de Automóveis e Motociclo, S.L., head office at Calle de Berna, n.º 2, Oficina 1 (Av. Europa – Edifico Bulevar), rents the identified vehicle (motorcycle) through this rental agreement, under its specific terms and conditions and under the following terms and conditions.
This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.
The Renter acknowledges receiving the Motorcycle in good working and clean condition, including both tires, and agrees to return it to us in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.
You are prohibited from modifying any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or from making any aesthetic change to the Motorcycle. If you breach this provision, you will be responsible for all costs that we incur to restore the Motorcycle to its original status plus, to the extent permitted by law, consequential and incidental damages due to our inability to use the Motorcycle while it is being repaired.
To the extent permitted by law: (a) we may repossess the Motorcycle at your expense without notice to you if it is abandoned or used in violation of law or this Agreement; and (b) if the Motorcycle is not returned 48 hours after the date and hour return time as stipulated in the Rental Agreement, it will be considered embezzled or converted and may be reported to the police as stolen. Failure to return the Motorcycle may constitute a crime punishable to the fullest extent provided under applicable law.
The minimum Rental Period is one day.A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If you return the Motorcycle more than 29 minutes after the scheduled return time, we reserve the right to charge you for an additional rental day at the applicable daily rate as shown on the Price List.If you wish to extend the scheduled Rental Period, you must request our express written authorization and pay for the estimated additional charges before the scheduled return time.Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement. If you fail to return the Motorcycle when due and continue to use it without our express authorization, we may terminate this Agreement, and you will have sole responsibility for the payment of any fines or penalties assessed against you, the Motorcycle or us due to the lack of updated documentation.
The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when you sign this Agreement. The standard payment method is credit card. Payment by cash or debit card requires our prior authorization and may be subject to additional conditions. If we authorize payment in cash, we reserve the right to request one or more credit cards of the Renter as guarantee. You permit us to reserve against your payment card (or, if we choose, take a cash deposit) at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve or deposit to pay all Charges. We will authorize the release of an excess reserve (or return of a cash deposit) at completion of your rental if no additional Charges are payable. Your payment card issuer’s rules will apply to crediting your account for any excess, which may not be immediately released by your card issuer.
Prices are indicated in Euros in our Price List in force at the time of signing the Rental Agreement. The Price List is available for consultation at the rental desk. The rental price including all items as indicated in point D of the "Definitions" is paid at the time of signing the Rental Agreement or in any case before the end of the rental period at the request of our Company. The rental price includes:
There is no refund for late pick-up or early return. If you use a credit card or other payment card issued by a bank or financial institution any currency conversion will be handled by the issuing bank. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. You must notify us of any disputes to the Charges no later than 30 days after your receipt of the invoice.
You must report all accidents or incidents of theft or vandalism to us and the police as soon as you discover them.
You are responsible for all damage to or loss or theft of the Motorcycle during the Rental Period, resulting from any cause, including damage or loss caused by collision, weather, vandalism, theft, road conditions and acts of nature. Your responsibility will include: (a) all physical damage to the Motorcycle measured as follows: (i) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle, less salvage; (ii) if we determine that the Motorcycle is repairable: (A) the difference between the value of the Motorcycle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Motorcycle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: €0-€250 damage=€50 fee; €251-€500 damage=€75 fee; €501-€750 damage=€100 fee; €751-€1500 damage=€150 fee; €1501-€2500 damage =€200 fee; over €2500 damage=€250 fee;; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement. You are responsible for loss or damage to the Motorcycle resulting from theft or vandalism related to the theft; you file an official report of the theft with the police within 24 hours of learning of the theft and you cooperate with us and the police in providing information regarding the theft; You are responsible for replacing missing equipment and Motorcycle documents and keys. You must report all Motorcycle accidents or incidents of theft and vandalism to us and the police upon discovery.
a) In the event of any loss or damage to, theft or robbery of the Motorcycle or parts thereof while on rental, Renter shall pay Rental Company on demand the amount of all costs and losses including, without limitation, repair costs, depreciation, loss of renting revenues, towing and vehicle collection expenses, the amount established in our current tariff as the maximum non-waivable excess (ask for price list at the counter);
b) The Renter limits his or her responsibility under the terms set out below provided that he or she complies with the terms hereof and that the loss or damage has not been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthorised driver;
(i) Responsibility for any loss or damage caused to the Motorcycle (excluding theft and robbery) is limited to the total value of the maximum non-waivable excess established in Rental Company current price list. Should the Renter accept the Collision Damage Waiver (hereinafter CDW) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the stated in the agreement as the minimum non-waivable excess (ask for price list at the counter);
(ii) Responsibility for loss of, or damages to, the vehicle deriving from theft or robbery thereof is limited to the total value of the maximum non-waivable excess established in Rental Company current tariff. Should the Renter agree to subscribe the Theft Protection Waiver (hereinafter TP) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the amount established in Rental Company current price list as the minimum no-waivable excess (ask for price list at the counter);
By accepting CDW and TP, you will be responsible for any loss or damage caused to the motorcycle limited to the total value of non-waivable excess stablished in current price list. We also offer “Super CDW”- medium coverage and “Super CDW VIP”- top coverage to the Motorcycle. If you purchase Super CDW, you will reduce your financial responsibility for collision damage, up to a maximum amount of 50% of the minimum waivable excess. If you purchase Super CDW VIP, you will reduce your financial responsibility for collision damage, up to a maximum amount of 75% of the minimum waivable excess. Super CDW, and Super CDW VIP are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW, Super CDW, and Super CDW VIP do not apply to Optional Equipment we rent to you for use in the Motorcycle.CDW, Super CDW, Super CDW VIP also do not cover lost keys. Your CDW, Super CDW, or Super CDW VIP will be invalidated, and we will not waive our right to hold you financially responsible for loss or damage to the Motorcycle (i) that results from a Prohibited Use (defined in Paragraph 10 below) or (ii) if the loss or damage has been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthrorised driver.
In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Renter must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.
The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.
You are liable for paying charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Motorcycle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we may, in our sole discretion, transfer liability for any Toll or Violation assessed against the Motorcycle during the Rental Period to you personally. If liability is transferred to you, we will charge you an administrative fee of up to €50 per Toll or Violation. You authorize us to release your rental and billing information, including payment card information, to the charging authorities for processing/billing purposes.
We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Motorcycle. If you fail to claim property left in the Motorcycle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Motorcycle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Motorcycle may be equipped with an infotainment system that permits you to pair your own mobile devices. If you choose to do so, please note that the Motorcycle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the motorcycle’s system screen to delete this information and the device from the Motorcycle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Motorcycle
This Agreement is subject to Italian law. For any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the Court of Milan, with the express waiver of any other Court.
If the Charterer is a Consumer, for any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State.
The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize as per as point 17. PERSONAL INFORMATION and based on your personal consent that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Motorcycle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law: (a) you waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement; and (b) you release us from all liability in connection with this rental or the reservation of a motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
France
HR France – Location des Véhicules et Mobilité, SARL., head office at 119 Avenue Simone Veil, 06200 Nice, France, rents the identified vehicle (motorcycle) through this rental agreement, under its specific terms and conditions and under the following terms and conditions.
This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.
The Renter acknowledges receiving the Motorcycle in good working and clean condition, including both tires, and agrees to return it to us in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.
You are prohibited from modifying any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or from making any aesthetic change to the Motorcycle. If you breach this provision, you will be responsible for all costs that we incur to restore the Motorcycle to its original status plus, to the extent permitted by law, consequential and incidental damages due to our inability to use the Motorcycle while it is being repaired.
To the extent permitted by law: (a) we may repossess the Motorcycle at your expense without notice to you if it is abandoned or used in violation of law or this Agreement; and (b) if the Motorcycle is not returned 48 hours after the date and hour return time as stipulated in the Rental Agreement, it will be considered embezzled or converted and may be reported to the police as stolen. Failure to return the Motorcycle may constitute a crime punishable to the fullest extent provided under applicable law.
The minimum Rental Period is one day.A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If you return the Motorcycle more than 29 minutes after the scheduled return time, we reserve the right to charge you for an additional rental day at the applicable daily rate as shown on the Price List.If you wish to extend the scheduled Rental Period, you must request our express written authorization and pay for the estimated additional charges before the scheduled return time.Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement. If you fail to return the Motorcycle when due and continue to use it without our express authorization, we may terminate this Agreement, and you will have sole responsibility for the payment of any fines or penalties assessed against you, the Motorcycle or us due to the lack of updated documentation.
The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when you sign this Agreement. The standard payment method is credit card. Payment by cash or debit card requires our prior authorization and may be subject to additional conditions. If we authorize payment in cash, we reserve the right to request one or more credit cards of the Renter as guarantee. You permit us to reserve against your payment card (or, if we choose, take a cash deposit) at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve or deposit to pay all Charges. We will authorize the release of an excess reserve (or return of a cash deposit) at completion of your rental if no additional Charges are payable. Your payment card issuer’s rules will apply to crediting your account for any excess, which may not be immediately released by your card issuer.
Prices are indicated in Euros in our Price List in force at the time of signing the Rental Agreement. The Price List is available for consultation at the rental desk. The rental price including all items as indicated in point D of the "Definitions" is paid at the time of signing the Rental Agreement or in any case before the end of the rental period at the request of our Company. The rental price includes:
There is no refund for late pick-up or early return. If you use a credit card or other payment card issued by a bank or financial institution any currency conversion will be handled by the issuing bank. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. You must notify us of any disputes to the Charges no later than 30 days after your receipt of the invoice.
You must report all accidents or incidents of theft or vandalism to us and the police as soon as you discover them.
You are responsible for all damage to or loss or theft of the Motorcycle during the Rental Period, resulting from any cause, including damage or loss caused by collision, weather, vandalism, theft, road conditions and acts of nature. Your responsibility will include: (a) all physical damage to the Motorcycle measured as follows: (i) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle, less salvage; (ii) if we determine that the Motorcycle is repairable: (A) the difference between the value of the Motorcycle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Motorcycle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: €0-€250 damage=€50 fee; €251-€500 damage=€75 fee; €501-€750 damage=€100 fee; €751-€1500 damage=€150 fee; €1501-€2500 damage =€200 fee; over €2500 damage=€250 fee;; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement. You are responsible for loss or damage to the Motorcycle resulting from theft or vandalism related to the theft; you file an official report of the theft with the police within 24 hours of learning of the theft and you cooperate with us and the police in providing information regarding the theft; You are responsible for replacing missing equipment and Motorcycle documents and keys. You must report all Motorcycle accidents or incidents of theft and vandalism to us and the police upon discovery.
a) In the event of any loss or damage to, theft or robbery of the Motorcycle or parts thereof while on rental, Renter shall pay Rental Company on demand the amount of all costs and losses including, without limitation, repair costs, depreciation, loss of renting revenues, towing and vehicle collection expenses, the amount established in our current tariff as the maximum non-waivable excess (ask for price list at the counter);
b) The Renter limits his or her responsibility under the terms set out below provided that he or she complies with the terms hereof and that the loss or damage has not been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthorised driver;
(i) Responsibility for any loss or damage caused to the Motorcycle (excluding theft and robbery) is limited to the total value of the maximum non-waivable excess established in Rental Company current price list. Should the Renter accept the Collision Damage Waiver (hereinafter CDW) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the stated in the agreement as the minimum non-waivable excess (ask for price list at the counter);
(ii) Responsibility for loss of, or damages to, the vehicle deriving from theft or robbery thereof is limited to the total value of the maximum non-waivable excess established in Rental Company current tariff. Should the Renter agree to subscribe the Theft Protection Waiver (hereinafter TP) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the amount established in Rental Company current price list as the minimum no-waivable excess (ask for price list at the counter);
By accepting CDW and TP, you will be responsible for any loss or damage caused to the motorcycle limited to the total value of non-waivable excess stablished in current price list. We also offer “Super CDW”- medium coverage and “Super CDW VIP”- top coverage to the Motorcycle. If you purchase Super CDW, you will reduce your financial responsibility for collision damage, up to a maximum amount of 50% of the minimum waivable excess. If you purchase Super CDW VIP, you will reduce your financial responsibility for collision damage, up to a maximum amount of 75% of the minimum waivable excess. Super CDW, and Super CDW VIP are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW, Super CDW, and Super CDW VIP do not apply to Optional Equipment we rent to you for use in the Motorcycle.CDW, Super CDW, Super CDW VIP also do not cover lost keys. Your CDW, Super CDW, or Super CDW VIP will be invalidated, and we will not waive our right to hold you financially responsible for loss or damage to the Motorcycle (i) that results from a Prohibited Use (defined in Paragraph 10 below) or (ii) if the loss or damage has been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthrorised driver.
In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Renter must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.
The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.
You are liable for paying charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Motorcycle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we may, in our sole discretion, transfer liability for any Toll or Violation assessed against the Motorcycle during the Rental Period to you personally. If liability is transferred to you, we will charge you an administrative fee of up to €50 per Toll or Violation. You authorize us to release your rental and billing information, including payment card information, to the charging authorities for processing/billing purposes.
We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Motorcycle. If you fail to claim property left in the Motorcycle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Motorcycle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Motorcycle may be equipped with an infotainment system that permits you to pair your own mobile devices. If you choose to do so, please note that the Motorcycle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the motorcycle’s system screen to delete this information and the device from the Motorcycle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Motorcycle
This Agreement is subject to Italian law. For any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the Court of Milan, with the express waiver of any other Court.
If the Charterer is a Consumer, for any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State.
The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize as per as point 17. PERSONAL INFORMATION and based on your personal consent that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Motorcycle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law: (a) you waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement; and (b) you release us from all liability in connection with this rental or the reservation of a motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
Italy
HR Italia – Noleggio Veicoli e Mobilità S.r.l. head office at in Via Novegro 49, 20090 Novegro (MI), rents the identified vehicle (motorcycle) through this rental agreement, under its specific terms and conditions and under the following terms and conditions.
This document includes all terms and conditions of the rental agreement executed by the Rental Company and the Renter, and the latter should read it carefully. If the Renter does not understand any of the provisions contained by this document, he/she should request the concerning clarification to the assisting representative of the Rental Company.
The Renter acknowledges receiving the Motorcycle in good working and clean condition, including both tires, and agrees to return it to us in the same condition (with its keys, equipment, tools and/or accessories) at the location and on the date specified in the Rental Agreement.
You are prohibited from modifying any technical features of the Motorcycle or its keys, equipment, tires, tools and/or accessories or from making any aesthetic change to the Motorcycle. If you breach this provision, you will be responsible for all costs that we incur to restore the Motorcycle to its original status plus, to the extent permitted by law, consequential and incidental damages due to our inability to use the Motorcycle while it is being repaired.
To the extent permitted by law: (a) we may repossess the Motorcycle at your expense without notice to you if it is abandoned or used in violation of law or this Agreement; and (b) if the Motorcycle is not returned 48 hours after the date and hour return time as stipulated in the Rental Agreement, it will be considered embezzled or converted and may be reported to the police as stolen. Failure to return the Motorcycle may constitute a crime punishable to the fullest extent provided under applicable law.
The minimum Rental Period is one day.A “day” is a 24-hour day beginning on the date and time noted on the Rental Agreement. If you return the Motorcycle more than 29 minutes after the scheduled return time, we reserve the right to charge you for an additional rental day at the applicable daily rate as shown on the Price List.If you wish to extend the scheduled Rental Period, you must request our express written authorization and pay for the estimated additional charges before the scheduled return time.Under no circumstances may the deposit be used as form of payment in case of extension of the rental agreement. If you fail to return the Motorcycle when due and continue to use it without our express authorization, we may terminate this Agreement, and you will have sole responsibility for the payment of any fines or penalties assessed against you, the Motorcycle or us due to the lack of updated documentation.
The daily rental rate, as well as the deposit amount, are determined by the Price List in effect when you sign this Agreement. The standard payment method is credit card. Payment by cash or debit card requires our prior authorization and may be subject to additional conditions. If we authorize payment in cash, we reserve the right to request one or more credit cards of the Renter as guarantee. You permit us to reserve against your payment card (or, if we choose, take a cash deposit) at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve or deposit to pay all Charges. We will authorize the release of an excess reserve (or return of a cash deposit) at completion of your rental if no additional Charges are payable. Your payment card issuer’s rules will apply to crediting your account for any excess, which may not be immediately released by your card issuer.
Prices are indicated in Euros in our Price List in force at the time of signing the Rental Agreement. The Price List is available for consultation at the rental desk. The rental price including all items as indicated in point D of the "Definitions" is paid at the time of signing the Rental Agreement or in any case before the end of the rental period at the request of our Company. The rental price includes:
There is no refund for late pick-up or early return. If you use a credit card or other payment card issued by a bank or financial institution any currency conversion will be handled by the issuing bank. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer. You must notify us of any disputes to the Charges no later than 30 days after your receipt of the invoice.
You must report all accidents or incidents of theft or vandalism to us and the police as soon as you discover them.
You are responsible for all damage to or loss or theft of the Motorcycle during the Rental Period, resulting from any cause, including damage or loss caused by collision, weather, vandalism, theft, road conditions and acts of nature. Your responsibility will include: (a) all physical damage to the Motorcycle measured as follows: (i) if we determine that the Motorcycle is a total loss, the fair market value of the Motorcycle, less salvage; (ii) if we determine that the Motorcycle is repairable: (A) the difference between the value of the Motorcycle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, measured by multiplying your daily rental rate either by the actual or estimated number of days from the date the Motorcycle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet utilization; (c) a reasonable administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: €0-€250 damage=€50 fee; €251-€500 damage=€75 fee; €501-€750 damage=€100 fee; €751-€1500 damage=€150 fee; €1501-€2500 damage =€200 fee; over €2500 damage=€250 fee;; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement. You are responsible for loss or damage to the Motorcycle resulting from theft or vandalism related to the theft; you file an official report of the theft with the police within 24 hours of learning of the theft and you cooperate with us and the police in providing information regarding the theft; You are responsible for replacing missing equipment and Motorcycle documents and keys. You must report all Motorcycle accidents or incidents of theft and vandalism to us and the police upon discovery.
a) In the event of any loss or damage to, theft or robbery of the Motorcycle or parts thereof while on rental, Renter shall pay Rental Company on demand the amount of all costs and losses including, without limitation, repair costs, depreciation, loss of renting revenues, towing and vehicle collection expenses, the amount established in our current tariff as the maximum non-waivable excess (ask for price list at the counter);
b) The Renter limits his or her responsibility under the terms set out below provided that he or she complies with the terms hereof and that the loss or damage has not been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthorised driver;
(i) Responsibility for any loss or damage caused to the Motorcycle (excluding theft and robbery) is limited to the total value of the maximum non-waivable excess established in Rental Company current price list. Should the Renter accept the Collision Damage Waiver (hereinafter CDW) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the stated in the agreement as the minimum non-waivable excess (ask for price list at the counter);
(ii) Responsibility for loss of, or damages to, the vehicle deriving from theft or robbery thereof is limited to the total value of the maximum non-waivable excess established in Rental Company current tariff. Should the Renter agree to subscribe the Theft Protection Waiver (hereinafter TP) by initialling the space provided for this purpose on the first page hereof and paying the daily fee specified for this purpose, he shall be solely held responsible for the amount established in Rental Company current price list as the minimum no-waivable excess (ask for price list at the counter);
By accepting CDW and TP, you will be responsible for any loss or damage caused to the motorcycle limited to the total value of non-waivable excess stablished in current price list. We also offer “Super CDW”- medium coverage and “Super CDW VIP”- top coverage to the Motorcycle. If you purchase Super CDW, you will reduce your financial responsibility for collision damage, up to a maximum amount of 50% of the minimum waivable excess. If you purchase Super CDW VIP, you will reduce your financial responsibility for collision damage, up to a maximum amount of 75% of the minimum waivable excess. Super CDW, and Super CDW VIP are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW, Super CDW, and Super CDW VIP do not apply to Optional Equipment we rent to you for use in the Motorcycle.CDW, Super CDW, Super CDW VIP also do not cover lost keys. Your CDW, Super CDW, or Super CDW VIP will be invalidated, and we will not waive our right to hold you financially responsible for loss or damage to the Motorcycle (i) that results from a Prohibited Use (defined in Paragraph 10 below) or (ii) if the loss or damage has been caused intentionally or by gross negligence of the Renter, by gross negligence of any authorised driver or by any unauthrorised driver.
In case of accident, loss, damage or theft, the police and the Rental Company must be informed within 24 hours. The Renter must fill the damage report together with the documentation of the motorcycle, and also undertakes to fill and sign at the closest station of the Rental Company the accident, loss, damage or theft report, otherwise the insurance is deemed as null and void. The Renter must cooperate with the Rental Company, the police and insurance company in any subsequent investigation or judicial proceedings, and inform immediately on any letters, summons and notices regarding the accident and provide full cooperation to the Rental Company and the insurance company during the investigation and defence of any claim or court case.
The Rental Company is under no obligation to provide a replacing motorcycle to the Renter, if the rented motorcycle is subject to accident or lost, damaged or stolen.
You are liable for paying charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Motorcycle during this rental. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we may, in our sole discretion, transfer liability for any Toll or Violation assessed against the Motorcycle during the Rental Period to you personally. If liability is transferred to you, we will charge you an administrative fee of up to €50 per Toll or Violation. You authorize us to release your rental and billing information, including payment card information, to the charging authorities for processing/billing purposes.
We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Motorcycle. If you fail to claim property left in the Motorcycle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Motorcycle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Motorcycle may be equipped with an infotainment system that permits you to pair your own mobile devices. If you choose to do so, please note that the Motorcycle may automatically load your address book, store your incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the motorcycle’s system screen to delete this information and the device from the Motorcycle’s memory. We are not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Motorcycle
This Agreement is subject to Italian law. For any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the Court of Milan, with the express waiver of any other Court.
If the Charterer is a Consumer, for any dispute deriving from or connected with the Rental Agreement and these General Conditions, the territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State.
The Motorcycle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize as per as point 17. PERSONAL INFORMATION and based on your personal consent that the use of this Motorcycle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Motorcycle data, such as: location, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. To the extent permitted by law, we may disable the Motorcycle when we deem necessary, including if you breach this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Motorcycle. You agree to inform all drivers and passengers of the Motorcycle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Motorcycle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law: (a) you waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement; and (b) you release us from all liability in connection with this rental or the reservation of a motorcycle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.